123:1-49-14 Prehearing processing.

When complaints are filed with the agency, the agency shall transmit a copy of the complaint to the State Employees Equal Employment Opportunity Coordinator within fifteen (15) days of the receipt thereof. The Affirmative Action Executive or his designee shall counsel the aggrieved person concerning the issues in the matter, and attempt to resolve the complaint informally prior to investigation. If the complaint is not resolved in this matter, the Affirmative Action Executive shall provide for a prompt investigation of the complaint. The investigation shall include a thorough review of the circumstances under which the alleged discrimination occurred and of the treatment of members of the complainant’s group identified by his complaint as compared with the treatment of other employees in the organizational segment in which the alleged discrimination occurred. Information needed to apprise the complainant shall be recorded in this investigative file. The term “investigative file” shall mean the various documents and information acquired during the investigation under this section-including affidavits of the complainant, of the alleged discriminating official, and of the witnesses and copies of, or extracts from, records, policy statements, or regulations of the agency-organized to show their relevance to the complaint or the general environment out of which the complaint arose.

HISTORY: (former PL-36-14); Eff 8-13-73

Rule promulgated under: RC Chapter 119.

Rule authorized by: Executive Order, 9/13/73