Section 4-1217. DISMISSAL FOR LACK OF JURISDICTION

 

1217.1Prior to investigating a complaint, the Language Access Director (“LA Director”) shall determine, based on the face of the complaint, whether the following jurisdictional requirements have been met:

 

(a) The public complaint has been filed with the Office of Human Rights (“OHR”) within one (1) year of the occurrence of the alleged act of noncompliance or the discovery of the alleged act of noncompliance, whichever occurs later;

 

(b) The respondent is identified as a covered entity, a covered entity with major public contact, or a grantee or contractor of a covered entity or a covered entity with major public contact; and

 

(c) The complaint alleges a violation of the Act. 

 

1217.2The LA Director shall perform the jurisdictional review required by this section within two (2) business days after he or she receives the complaint.

 

1217.3If the LA Director determines that the jurisdictional requirements of Subsection 1217.1 have not been met, the LA Director shall issue an order dismissing the complaint without an investigation.  The order shall be issued promptly after the jurisdictional review has been completed.

 

1217.4No complaint shall be assigned to an investigator until the jurisdictional review required by this section has been completed.

 

1217.5If at any time after an informal resolution process or investigation has begun the LA Director determines that the jurisdictional requirements of this section have not been met, the LA Director shall promptly issue an order dismissing the complaint on jurisdictional grounds.

 

 

authority

Sections 2(3)(C) and 6(b)(6) of the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code §§ 2-1931 et seq. (2012 Repl.)) (“Language Access Act”), and Mayor’s Order 2007-127, dated May 31, 2007.

source

Final Rulemaking published at 55 DCR 6348 (June 6, 2008); as amended by Final Rulemaking published at 61 DCR 9836 (September 26, 2014).