123:1-49-17 Choice of review procedures.

(A) Choice of review procedures: A complainant, his or her representative, or a witness who alleges restraint, interference, coercion, discrimination, or reprisal in connection with the presentation of a complaint under this Subpart may have the allegation reviewed as an individual complaint of discrimination or as a charge subject to paragraph (B) of this section.

(B) Procedure for review of charges:

(1) An employee or applicant may file a charge of restraint, interference, coercion, discrimination, or reprisal, in connection with the presentation of a complaint with an appropriate agency official as defined in 123:1-49-09, within fifteen (15) calendar days of the date of the alleged occurence. The charge shall be in writing and shall contain all pertinent facts. Except as provided in subparagraph (2) of this paragraph, the agency shall undertake an appropriate inquiry into such a charge and shall forward to the Division within fifteen (15) calendar days of the date of its receipt a copy of the charge and report of action taken. The agency shall also provide the charging party with a copy of the report of action taken. When the agency has not completed an appropriate inquiry fifteen (15) calendar days after receipt of such a charge, the charging party may submit a written statement with all pertinent facts to the Division, and the Division shall require the agency to take whatever action is appropriate.

(2) When a complainant, after completion of the investigation of his or her complaint under 123:1-49-14 requests a hearing and in connection with that complaint alleges restraint, interference, coercion, discrimination, or reprisal, the complaints examiner assigned to hold the hearing shall consider the allegations as an issue in the complaint at hand or refer the matter to the agency for further processing under the procedure chosen by the complainant pursuant to paragraph (A) of this section.

HISTORY: (former PL-36-17); Eff 8-13-73

Rule promulgated under: RC Chapter 119.

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