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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 4. HUMAN RIGHTS AND RELATIONS |
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Chapter 4-1. COMPLAINTS OF DISCRIMINATION IN THE DISTRICT OF COLUMBIA GOVERNMENT |
Section 4-110. INVESTIGATION
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110.1Each complaint shall be promptly investigated by OHR.
110.2The investigator assigned to a case is authorized to administer oaths and require that the statement of a witness shall be under oath or affirmation, without a pledge of confidence.
110.3A witness shall not be subjected to any form of restraint, interference, coercion, discrimination, or reprisal because of consultation with or information provided to the OHR staff.
110.4Pursuant to a Freedom of Information Act (FOIA) request, the Director or his designee shall arrange to furnish the complainant, the complainant’s representative, the appropriate agency EEO Officer, or the agency head a copy of the investigative file at the end of the reconsideration period.
110.5 The investigator, upon completion of the investigation, shall submit to the Director, through its Office of General Counsel (OGC), a written statement of proposed findings of fact, conclusions, and recommendations.
110.6OGC shall send a draft Letter of Determination (LOD) recommending probable cause or no probable cause to the Director. The Director shall review the LOD, make a substitute determination or approve the determination, and issue a final determination to the parties. The LOD shall state whether there is probable cause or no probable cause to credit the complaint, or whether the complaint should be dismissed.
110.7The activities of the Director under this chapter shall be considered investigations or examinations of municipal matters within the meaning of D.C. Official Code § 1-301.21 (2001) and D.C. Official Code § 5-1021 (2001), and the Director and hearing examiners shall possess the powers vested in the Mayor by those statutes.