Okla. Admin. Code § 335:10-1-5

Current through Vol. 42, No. 4, November 1, 2024

Section 335:10-1-5 - Investigation of complaints

(a)Person(s) who may investigate complaints. Complainants, unless referred to a local commission under the provisions of Title 25, Oklahoma Statutes § 1705, will normally be investigated by the Commission staff. Where a complaint is unusually complex, controversial, or deals with issues of great public importance, the Chairperson may assign a member of the Commission to either monitor or conduct the investigation.

(b)Notary public requirement. Commission staff who investigate complaints will be notaries public for purposes of swearing witnesses during the course of investigation.

(c)Access to premises, examination and copying of records and documents. When the Commission needs access to Respondent's premises for examination and copying of records and documents relevant to the complaint, the Respondent shall be given five (5) days advance written notice of such on-site investigations.

(d)Answers to interrogatories. The Director of the Oklahoma Human Rights Commission may require answers by Respondent(s) to interrogatories during the investigation of complaints as authorized by Title 25, Oklahoma Statutes § 1501.

(e)Failure to respond to interrogatories and application to compel. If a party or the officer, partner or agent of the Respondent who is served interrogatories or request for designated documents fails to fully respond, the Commission may apply to the District Court to compel such party, officer, partner or agent of Respondent to answer under procedures established by Title 12, Oklahoma Statutes § 548 and 549.

(f)Fact-finding conference. The Director or his designee may require a fact-finding conference with the parties prior to a determination on a complaint of discrimination. The conference is primarily an investigative forum intended to define the issues that can be resolved and to ascertain whether there is a basis for negotiated settlement of the complaint.

(g)Director's review. Findings of staff or local commissions with respect to complaint investigations must be reviewed by the Director who will indicate concurrence, non-concurrence, or return for additional information; or on behalf of the Commission initiate action leading to dismissal or conduct of a hearing, or termination of proceedings.

(h)Waiver of dually filed complaints to EEOC. The Director may authorize waiver of jurisdiction to EEOC of dually filed complaints that are not successfully settled or conciliated.

(i)Legal representation. At any stage of proceedings, Complainant(s) may be represented by legal counsel at their own expense. Respondent(s) also may be represented by legal counsel at their own expense. At the hearing before the Commission, counsel for the parties may examine and cross-examine witnesses.

Okla. Admin. Code § 335:10-1-5