D.C. Mun. Regs. tit. 4, r. 4-107

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 4-107 - ADMINISTRATIVE DISMISSALS

107.1

A case shall be terminated without prejudice if the complainant submits a written request to withdraw the complaint, or for the following administrative reasons:

(a) The OHR cannot reach the complainant by postal mail, electronic mail, or telephone, using the contact information of record, and the complainant has not contacted OHR. OHR may conclude that the complainant cannot be reached and fails to proceed with the complaint by postal mail if OHR has mailed at least one (1) regularly mailed letter to the complainant and has not received a response from the complainant within thirty (30) days. OHR may conclude that a complainant cannot be reached by electronic mail if OHR has sent at least one (1) electronic mail to the complainant and has not received a response from the complainant within thirty (30) days. OHR may conclude that a complainant cannot be reached by telephone if:

(i) OHR has left at least one (1) answering machine or voicemail message at the complainant's telephone number and has not received a response from the complainant within thirty (30) days; or

(ii) OHR has telephoned the complainant at least two (2) times, allowed the phone to ring at least seven (7) times, no person has answered the telephone, and no answering machine or voicemail system was activated. OHR shall only be required to attempt to contact the complainant by one (1) of these methods before administratively dismissing the complaint under this paragraph.

(b) The complainant fails to state a claim for which relief can be granted under the Act;

(c) The respondent no longer exists as a result of a court action (e.g., bankruptcy or dissolution); or

(d) After investigation, the Director determines that OHR lacks jurisdiction over the respondent.

107.2

An order dismissing a complaint for an administrative reason shall be in writing, shall be served on the parties, and shall state the reasons for the dismissal.

107.3

The Director, after receiving a request to reopen a complaint, may reopen the complaint for good reasons or in the interest of justice, if no determination has previously been made on the merits of the complaint. The decision whether to reopen the complaint shall be within the discretion of the Director.

107.4

The decision of the Director to reopen or deny reopening of a complaint shall be served on all parties.

D.C. Mun. Regs. tit. 4, r. 4-107

Final Rulemaking at 31 DCR 56, 66 (January 6, 1984); as amended by Final Rulemaking published at 57 DCR 9162, 9172-9173 (October 1, 2010)

Authority: Set forth in section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c) ).