D.C. Mun. Regs. tit. 4, r. 4-1217

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

Rule 4-1217 - DISMISSAL FOR LACK OF JURISDICTION

1217.1 Prior to investigating a complaint, the Language Access Director ("LA Director") shall determine, based on the face of the complaint, whether the following jurisdictional requirements have been met:

(a) The public complaint has been filed with the Office of Human Rights ("OHR") within one (1) year of the occurrence of the alleged act of noncompliance or the discovery of the alleged act of noncompliance, whichever occurs later;

(b) The respondent is identified as a covered entity, a covered entity with major public contact, or a grantee or contractor of a covered entity or a covered entity with major public contact; and

(c) The complaint alleges a violation of the Act.

1217.2 The LA Director shall perform the jurisdictional review required by this section within two (2) business days after he or she receives the complaint.

1217.3 If the LA Director determines that the jurisdictional requirements of Subsection 1217.1 have not been met, the LA Director shall issue an order dismissing the complaint without an investigation. The order shall be issued promptly after the jurisdictional review has been completed.

1217.4 No complaint shall be assigned to an investigator until the jurisdictional review required by this section has been completed.

1217.5 If at any time after an informal resolution process or investigation has begun the LA Director determines that the jurisdictional requirements of this section have not been met, the LA Director shall promptly issue an order dismissing the complaint on jurisdictional grounds.

D.C. Mun. Regs. tit. 4, r. 4-1217

Final Rulemaking published at 55 DCR 6348 (June 6, 2008); as amended by Final Rulemaking published at 61 DCR 9836 (September 26, 2014)