26 N.C. Admin. Code 4.0106

Current through Register Vol. 39, No. 9, November 1, 2024

Section 04 .0106 - INVESTIGATION REPORT

(a) The Civil Rights Division shall investigate all charges filed pursuant to this Section.

(b) A civil rights investigator shall prepare an investigative memorandum setting out the findings and the conclusions of the Civil Rights Division's investigation based on the allegations and appropriate statutes.

(c) The Civil Rights Division shall determine whether there is probable cause to believe the alleged discrimination has occurred.

(d) A civil rights investigator shall conduct a pre-decision interview with the charging party prior to the issuance of the Civil Rights Division's decision.

(e) Upon completion of the investigation the civil rights director shall issue a decision that shall be served on the charging party and respondent by US mail.

(f) If the investigation results in a determination that there is no probable cause to believe the alleged discrimination has occurred, the Civil Rights Division's director shall inform the charging party of the rights of appeal to the Equal Employment Opportunity Commission.

(g) If the investigation results in a determination that there is probable cause to believe the alleged discrimination has occurred, the civil rights director shall invite the parties to participate in pre-settlement discussions and attempt conciliation.

26 N.C. Admin. Code 04 .0106

Authority G.S. 7A-759;
Temporary Rule Eff. October 15, 1986 for a Period of 120 Days to Expire on February 11, 1987;
Eff. February 1, 1987;
Amended Eff. November 1, 2012; April 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

Authority G.S. 7A-759;
Temporary Rule Eff. October 15, 1986 for a Period of 120 Days to Expire on February 11, 1987;
Eff. February 1, 1987;
Amended Eff. November 1, 2012; April 1, 1989.