Section 0800-01-08-.07 - PROCEDURAL ACTION ON T.C.A. SECTION 50-3-409 COMPLAINTS(1) All complaints alleging violation of T.C.A. § 50-3-409, regardless of where or how received, shall be referred to the "T.C.A. § 50-3-409 Operations Review Officer (ORO)" designated by the Administrator, Division of Occupational Safety and Health, who shall log receipt of the complaint and establish a case file.(2) The ORO shall, by letter addressed to the complainant, acknowledge receipt of the complaint and: (a) If the complaint is timely filed, provide the complainant with a "Discrimination Questionnaire" and a pre-addressed postage paid envelope for its return within ten (10) days. The Area Supervisor or Enforcement Branch Chief receiving the complaint may provide the complainant with the questionnaire and return envelope.(b) If the complaint is untimely filed, advise the complainant of this fact and that the time for filing may be extended upon submission of documentation of extenuating circumstances such as set forth in Rule 0800-1-8-.06(4)(c) and that failure to submit such documentation within an additional thirty (30) days will result in administrative dismissal of the complaint.(c) That failure to cooperate with the investigator assigned to the case or other personnel of the State acting to bring the case to an equitable close may result in administrative dismissal of the case.(3) Upon receipt of the "Discrimination Questionnaire" from the complainant, a determination shall be made to investigate the complaint, or to dismiss it. If dismissed, the complainant shall be informed in writing of the reasons therefore.(4) Upon completion of an investigation, all evidence obtained shall be reviewed and a determination made whether or not to litigate the case on behalf of the complainant. If it is determined that litigation is not warranted, the complainant shall be informed in writing of the reasons therefore.(5) The complainant shall be advised of any dismissal of the case or of a determination to litigate within ninety (90) days of the receipt of the complaint. However, there may be circumstances when a decision to dismiss or litigate or attempt other settlement action can not be made within the ninety (90) day period. When such circumstances occur, the complainant shall be informed in writing, no later than ninety(90) days following receipt of the complaint, of the current status of the case and when further action may be expected.Tenn. Comp. R. & Regs. 0800-01-08-.07
Original rule filed March 31, 1983; effective June 15, 1983. Amendment filed November 25, 1983; effective February 13, 1984.Authority: T.C.A. § 50-3-409.