Section 141-2-001 - Filing, Amending and Withdrawal of Complaint001.01 Who May File Any person who claims to have been injured by a discriminatory public accommodations practice may file a charge with the Commission personally or by her or his agent or attorney. The charge shall be in writing and under oath of the person filing.
001.02 A charge shall be filed with the Commission The charge shall be signed by the complainant or by her or his agent or attorney 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 Commission offices. Notarial service will be without charge by the Commission.
001.03 ContentsA charge shall contain the following:
001.03A The full name, address, and telephone number, if any, of the person claiming to be aggrieved.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 public accommodations practice or practices.001.03D The date and place in the State of Nebraska where the alleged discriminatory public accommodations practice was committed.001.03E A statement as to any other action, if any, civil or criminal, 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 The Attorney General of the State of Nebraska shall, in like manner as the complainant, make, sign, and file such a charge.001.06 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 public accommodations practice or 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.001.07 Answer to ChargeThe respondent may file an answer to the charge at any time prior to the expiration of twenty (20) days after the date 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.
001.08 Time of Filing The charge must be filed within ten (10) days from the date of the occurrence of the alleged discriminatory public accommodations practice.
001.09 Withdrawal of ChargeA filed charge or any part thereof may be withdrawan, by request in writing by the complainant, and written notice of any such withdrawal shall be sent by the Commission, by registered or certified mail, to all parties who have been previously notified of the charge.
141 Neb. Admin. Code, ch. 2, § 001