Section 139-2-002 - Action Upon Charge002.01 Each charge shall be docketed and given a case number, and a copy of said charge shall promptly be served by the Commission on the respondent in person or by registered or certified mail.002.02 The Commission shall institute an investigation by its employees to ascertain all of the facts relating to the alleged discriminatory unequal pay practice or practices set forth in the charge. The staff shall initially solicit information from all parties and utilize interrogatories, depositions, or subpoenas to facilitate a prompt investigation. Interrogatories shall be answered within fifteen (15) days of receipt and the person to whom the interrogatories are directed shall be so informed. The Commission's staff may enter the place of employment of any employer to inspect and copy payrolls and other employment records, to compare character of work and operations of employees and question such employees.002.03 The Report of the investigation shall be presented to the Commission by the Executive Director. The Commission shall dismiss the charge (i) if it is determined that there is not sufficient evidence to sustain a finding of reasonable cause to believe that the discriminatory unequal pay practice was committed; or (ii) if the matter is adjusted and settled during the investigation; or (iii) if it is determined that the Commission does not have jurisdiction over the matter; or (iv) if the complainant fails to cooperate fully in the investigation of a charge.No Commission employee during the investigation of a charge shall propose terms of settlement and adjustment to the respondent's attorney or to the respondent; but, at the request of the respondent's attorney or the respondent, may advise the respondent of possible terms of settlement and adjustment, and shall communicate to the complainant and to the Commission any terms of settlement and adjustment proposed by the respondent. Any terms of settlement arrived at during the investigation shall be submitted to the Commission and the charge shall be dismissed, and the case closed as having been adjusted and settled during the investigation.
The Commission shall notify all parties of any dismissal of a charge by registered or certified mail, which notification shall specify the reason or reasons for dismissal.
139 Neb. Admin. Code, ch. 2, § 002