139 Neb. Admin. Code, ch. 2, § 001

Current through September 17, 2024
Section 139-2-001 - Filing, Amending and Withdrawal of Charge
001.01 Any person who claims to have been injured by a discriminatory unequal pay practice may file a charge with the Commission. The charge shall be in writing and under oath of the complainant.
001.02 A charge shall be filed with the Commission. The charge shall be signed by the complainant under oath or affirmation before a notary public or other person duly authorized by law to administer oaths and affirmations. The charge may be filed on forms provided by the Commission, blank copies of which will be supplied by the Commission upon request and will be available at the offices of the Commission. Notarial service will be without charge by the Commission.
001.03 A charge shall contain the following:
001.03A The full name, address and telephone number, if any, of the person making the charge.
001.03B The full name, address and telephone number, if known, of the respondent.
001.03C A plain and concise statement of the facts alleged to constitute a discriminatory unequal pay practice or practices.
001.03D The date and place in the State of Nebraska where the alleged discriminatory unequal pay practice was committed.
001.03E A statement as to any other action instituted by or on behalf of the complainant in any other forum, based on the same facts as alleged in the charge, together with a statement as to the status or disposition of such other action.
001.04 The charge may be filed by personal delivery, ordinary mail or registered or certified mail, addressed to the office of the Commission in Lincoln or any branch office of the Commission.
001.05 Notwithstanding the provisions of 2.001.03 of these Rules and Regulations, a charge may be amended as follows: to cure technical defects or omissions; to clarify and amplify allegations made therein; to allege additional acts which constitute discriminatory unequal pay practices which are related to or growing out of the subject matter of the original charge. All such amendments will relate back to the original filing date. Upon any amendment of a charge, a copy thereof shall promptly be served by the Commission on the respondent by certified or registered mail or through personal service.
001.06 The respondent may file an answer to the charge at any time prior to the expiration of twenty (20) days after she or he receives the charge. The answer shall be sworn to before a notary public. With leave of the Commission an answer may be amended at any time. The Commission will permit answers to be amended whenever it believes it would be reasonable and fair to do so.
001.07 A filed charge or any part thereof may be withdrawn, by request in writing by the complainant, and written notice of any such withdrawal shall be sent to the Commission, by registered or certified mail, to all parties who have been previously notified of charge.

139 Neb. Admin. Code, ch. 2, § 001