Section 4-122. THE COMPLAINT FILE

 

122.1The Director shall establish and maintain a complaint file containing all documents pertinent to each complaint.

 

122.2The complaint file shall not contain any document that has not been made available to the complainant.  The complaint file shall include, as a minimum, copies of the following:

 

(a)The complaint;

 

(b)The written report of the EEO Counselor to the agency EEO Officer on all pre-complaint counseling efforts made with regard to the complainant’s case;

 

(c)The investigative file;

 

(d)A signed written statement of the complainant or the complainant’s representative, if the complaint is withdrawn by the complainant;

 

(e)The written record of adjustment, if the complaint is adjusted informally under the provisions of this chapter;

 

(f)A copy of the letter from the Director notifying the complainant of the proposed disposition of the complaint and of the right to a hearing, or a decision by the Director without a hearing if no adjustment of the complaint is reached;

 

(g)A copy of the letter to the complainant transmitting the decision of the Director when the decision is made without a hearing under the provisions of this chapter;

 

(h)The record of the hearing, including the Hearing Examiner’s findings, analysis, and recommended decision on the merits of the complaint if a hearing was held; and

 

(i)  A copy of the letter to the complainant transmitting the decision of the Director if the decision is made after a hearing.

 

authority

Set forth in section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c)).

source

Final Rulemaking published at 31 DCR 56, 79 (January 6, 1984); as amended by Final Rulemaking published at 57 DCR 9162, 9183-9184 (October 1, 2010).