2 Del. Admin. Code § 2501-5.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2501-5.0 - Processing Complaints

5.1 Recording Complaints

Upon initial receipt, the complaint will be date stamped and logged in by the receiving office.

5.2 Items Not Considered a Complaint

5.2.1 The following are examples of items that are not considered a complaint, unless the item contains a signed cover letter specifically asking that the agency take action concerning the allegations:

5.2.1.1 An anonymous complaint;

5.2.1.2 Inquiries seeking advice or information;

5.2.1.3 Courtesy copies of court pleadings;

5.2.1.4 Courtesy copies of complaints addressed to other local, State, or Federal agencies;

5.2.1.5 Newspaper articles; and

5.2.1.6 Courtesy copies of internal grievances.

5.3 Reviewing Complaints

5.3.1 The complaint will be reviewed within 10 calendars days of receipt to determine whether it contains all the necessary information required for acceptance.

5.3.2 If the complaint is unclear or incomplete, the complainant will be contacted in writing or by telephone to obtain additional information. The complainant will have 15 calendars days to respond to the request for additional information.

5.3.3 Once the complaint is complete and no additional information is needed, the Complainant Consent/Release form and the Notice About Investigatory Uses of Personal Information form will be sent to the complainant for signature.

5.4 Complaint Jurisdiction

5.4.1 If it becomes clear that DelDOT lacks jurisdiction over a complaint, the complaint will be referred to the appropriate authorized agency.

5.4.2 A referral letter will be sent to the agency along with the complaint and any other documents collected.

5.4.3 A letter will also be sent to the complainant stating that the complaint has been referred to another agency and that DelDOT has closed the complaint.

5.5 Notification of Acceptance of Complaints

After determining the complaint will be accepted for investigation, a notification letter will be sent to the complainant and the respondent.

5.6 When the Complainant is Represented by an Attorney

Complainants represented by an attorney must provide a letter authorizing representation. The authorized attorney will be copied on all correspondence with the complainant.

5.7 Timeframes for Investigations

Title VI and ADA Title II/Section 504 complaint investigations will be completed within 90 days of receipt of the complete complaint unless circumstances exist justifying additional investigative time.

5.8 Withdrawal of Complaint

Complainants may withdraw their complaint at any time. This action closes the case without prejudice.

5.9 Dismissals

5.9.1 The HCR has the sole authority for dismissing Title VI complaints.

5.9.2 DelDOT ADATitle II/Section 504 Coordinator has the authority to dismiss ADA Title II/Section 504 complaints.

5.9.3 A complaint may be dismissed for any of the following reasons:

5.9.3.1 The complaint is not filed in a timely manner;

5.9.3.2 The complainant fails to respond to repeated requests for additional information needed to process the complaint;

5.9.3.3 The complainant cannot be located after reasonable attempts;

5.9.3.4 There is no statutory or alleged basis for the complaint, or the complainant does not allege any harm with regard to current programs or statutes;

5.9.3.5 The complaint has been investigated by another agency and the resolution of the complaint meets USDOT/FHWA regulatory standards; e.g., all allegations were investigated, appropriate legal standards were applied, and any remedies secured meet USDOT's standards;

5.9.3.6 Credible information found at any time indicating that the allegations raised by the complainant have been resolved, or are moot and there are no class-wide allegations or implications;

5.9.3.7 The same complaint allegations have been filed with another Federal, State, or local agency possessing statutory authority to accept and process such complaints;

5.9.3.8 The complainant has filed a legal action in Federal District Court with the same basis(es) and issue(s) involved in the complaint.

5.10 Resolution of Complaint

5.10.1 It is in the best interest of all parties involved that issues raised in a complaint of discrimination be resolved informally. Every effort will be made to pursue resolution of the complaint, even while the investigation is underway.

5.10.2 Based on the investigation and the analysis of information and evidence gathered, specific recommendations or a formal corrective action plan may be generated.

5.10.3 Complainants will be advised of their right to file their grievances with other governmental agencies possessing the statutory authority to accept and process such complaints; (such as the Delaware Human Relations Commission, Delaware Department of Labor) or, appropriate Federal agencies, including but not limited to FHWA, FTA, USDOT or the EEOC.

5.11 Letters of Finding (LOFs)

5.11.1 For Title VI Complaints:

5.11.1.1 The HCR has sole authority for issuing LOFs for all complaints processed by DelDOT.

5.11.1.2 A Title VI finding of violation, no violation, or dismissal is a Federal decision that cannot be delegated. DelDOT can conduct a Title VI investigation of its sub-recipients or contractors and make a recommended finding to the Federal decision-making authority; the HCR has sole authority for all final decisions, dismissals, and LOFs.

5.11.2 ForTitle II/Section 504 Complaints:

5.11.2.1 DelDOT ADA Title II/Section 504 Coordinator will attempt to mediate/resolve all ADA Title II/Section 504 complaints.

5.11.2.2 When the ADA Title II/Section 504 Coordinator is unable to mediate a resolution of the complaint, the ADA Title II/Section 504 Coordinator will arrange a meeting with the complainant and [their] authorized representative(s) [, if applicable. If the complaint involves additional agencies/entities, the ADA Title II/Section 504 Coordinator will attempt to coordinate the meeting to include participation of an official representative from all parties involved.]

5.11.2.3[DelDOT] must answer the complaint in writing within 15 working days of the meeting [unless circumstances arise that require reasonable extensions].

2 Del. Admin. Code § 2501-5.0

17 DE Reg. 1101 (5/1/2014) (Final)