Section 4-1223. DETERMINATION AND ORDER

 

1223.1After receiving the investigator’s report, the Language Access Director (“LA Director”) shall review and analyze the case and prepare a preliminary decision and order.  The preliminary decision and order shall include findings of fact and conclusions of law.  If there is a finding of noncompliance with the Act, the preliminary decision and order shall also include requirements for appropriate remedial actions, if any, to be taken by the Respondent, including, where appropriate, providing language access services to the Complainant and/or other limited-English proficient or non-English proficient (“LEP/NEP”) individuals within a reasonable timeframe.  The LA Director shall submit the preliminary decision and order to the General Counsel of the Office of Human Rights (“OHR”) for review.

 

1223.2After consultation with the LA Director, the Office of Human Rights Director (“OHR Director”) shall issue a final decision and order that includes findings of fact and conclusions of law.  In the event the final decision and order includes a finding of noncompliance with the Act, the LA Director shall:

 

(a)Within sixty (60) days, schedule a meeting with Respondent to discuss the final decision and order and appropriate corrective actions; and

 

(b)Within sixty (60) days of the meeting with Respondent, issue an order enumerating required corrective actions.

 

1223.3The final decision and order shall be issued within six (6) months of the date the complaint is filed. 

 

1223.4If Respondent does not take action required by the final decision and order within the timeframe designated in the final decision and order, Respondent’s failure to act will be reported to the Office of the City Administrator (“OCA”) or Office of the Mayor for further action. 

 

1223.5Each final decision and order shall state the parties’ right to reconsideration and specify any relevant filing deadlines.

 

 

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).