142 Neb. Admin. Code, ch. 2, § 001
Any person charging on her or his own behalf to have been personally aggrieved by an unlawful age employment practice or practices may make, sign and file with the Commission a charge in writing under the oath or affirmation of the Complainant. A charge may be filed by a legal guardian or an individual with power of attorney on behalf of another person who claims to be personally aggrieved by an unlawful age employment practice or practices.
The charge must be filed within three hundred (300) days from the date of the occurrence of the alleged unlawful age employment practice or practices.
A charge shall be filed with the Commission. The charge shall be signed by the Complainant or legal guardian or an individual with power of attorney on behalf of another person who claims to be personally aggrieved by an unlawful age employment practice or practices 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. The original charge shall be duly affirmed within three hundred (300) days of the alleged discriminatory act if it was not notarized in its original form. Notarial service will be without charge by the Commission.
A charge shall contain the following:
Charges meeting the aforementioned requirements may be filed with the Commission, and shall be done so by personal delivery, mail, facsimile or electronic transmission to any of the offices of the Commission.
Notwithstanding the provisions of Rule 2.001.04 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 an unlawful age employment practice or practices which are related to or growing out of the subject matter of the original charge if such facts were not known at the time the original charge was filed. All such amendments will relate back to the original filing date. Upon any amendment of a charge, a copy thereof shall be served by the Commission on the Respondent by certified mail or through personal service within ten (10) days.
A Complainant may request in writing that a filed charge or any part thereof be withdrawn. The Commission may reject a request for withdrawal in the interests of justice if it believes that such action was taken as a result of coercion or intimidation, or when the request has been made at the close of a full investigation. Written notice of the final action taken by the Commission shall be sent by the Commission by certified mail to all parties who have been previously notified of the charge.
A Complainant who has filed a charge with the Commission may file an action pertaining to the same unlawful age employment practice or practices allegation in state district court prior to the dismissal of the charge by the Commission. The Complainant shall immediately notify the Commission in writing when he or she files such an action in state District Court. Upon receipt of notification of such a state court suit, the Commission shall terminate all related proceedings before it and close the case. Notification that such a case has been closed shall thereafter be sent to the Complainant and the Respondent by certified and regular mail respectively.
142 Neb. Admin. Code, ch. 2, § 001