142 Neb. Admin. Code, ch. 2, § 002

Current through September 17, 2024

Section 142-2-002 - Commission Action Upon Charge

2.002.01 Service of Charge Upon Respondent

Each charge shall be docketed and given a case number. The Commission shall serve notification of the charge on the Respondent in person or by certified mail within ten (10) days of the filing of the charge by the Complainant. In addition to including the charge affidavit, said notification shall advise the Respondent that a written response must be filed with the Commission within thirty (30) days or a mandatory reasonable cause finding shall be made against the Respondent.

2.002.02 Administrative Dismissal

After service or notification on the Respondent, the Commission shall review the charge. If it appears that the charge does not set forth a complaint cognizable under the Act, the Commission shall administratively dismiss the charge and the Commission shall take no further action upon it.

2.002.03 Mandatory Investigation

Except for those charges administratively dismissed as provided for in Rule 2.002.02 of these Rules and Regulations, the Commission shall institute an investigation to ascertain all of the facts relating to the alleged unlawful age employment practice or practices set forth in duly filed charges. At the outset of such an investigation, the Commission shall solicit information from all parties to facilitate a prompt investigation.

2.002.04 Dismissal

The Commission shall dismiss the charge if:

(1) it is determined that the Commission does not have jurisdiction over the matter;

(2) it is determined that there is not reasonable cause to believe that the alleged unlawful age employment practice or practices has been committed;

(3) the matter is adjusted and settled during the investigation;

(4) the Complainant has voluntarily withdrawn the charge;

(5) the Complainant has failed to cooperate fully in the investigation of the charge;

(6) the Complainant could not be located after reasonable efforts;

(7) the Complainant has filed an action in any court of competent jurisdiction alleging the same causes of action;

(8) the same issues have been resolved by the Office of Dispute Resolution and/or any of the mediation centers within the State of Nebraska; or

(9) the Complainant has obtained a Right to Sue letter from the Equal Employment Opportunity Commission.

The Commission shall notify all parties of any dismissal of a charge by regular mail; such notification shall specify the reason or reasons for dismissal.

2.002.05 Reasonable Cause Findings

If the Commission, based upon the report of its investigation by its employees, determines that there is reasonable cause to believe that the alleged unlawful age employment practice has been committed, it may bring a civil action in its name against the respondent in any court of competent jurisdiction.

2.002.06 Charges Filed with Other Civil Rights Agencies

When an age charge is dually filed with any other civil rights investigative agency and the Commission, where such a civil rights investigative agency has investigated and made a determination based upon a factual investigation, the Commission may take the following actions:

1. Refrain from processing the charge until such time the other civil rights agency notifies the Commission that it is no longer investigating said charge; and

2. The Commission shall accord substantial weight to the final findings and the orders of the other civil rights agency.

142 Neb. Admin. Code, ch. 2, § 002