5101:11-6-03 Determinations of non-compliance.

(A) Upon expiration of the time allowed for corrective action in response to a complaint or compliance review finding, the council office shall issue a written determination as to whether a violation has occurred under division 5101:11 of the Administrative Code. This issuance must contain one and only one of the following conclusions:

(1) That the sponsor is out of compliance with some provision(s) of division 5101:11 of the Administrative Code, to be specified in the issuance, and has failed to correct the problem voluntarily; and that the sponsor will be subject to de-registration proceedings under rule 5101:11-7-01 of the Administrative Code;

(2) That the sponsor is out of compliance with some provision(s) of division 5101:11 of the Administrative Code, to be specified in the issuance, and will be granted a further period, also to be specified, in which to achieve voluntary compliance;

(3) That there is no evidence of non-compliance sufficient to warrant de-registration proceedings.

(B) If the council office determines, in accordance with paragraph (A)(1) of this rule, that the sponsor is not in compliance with equal opportunity (EEO) requirements, the council office at its discretion may, as an alternative to de-registration proceedings, refer the matter to the equal employment opportunity commission or to the attorney general with recommendations for the institution of a court action.

(C) If the council office determines, in accordance with paragraph (A)(3) of this rule, that there is no evidence of non-compliance, it shall so notify the interested parties and advise them that, absent new information bearing on the matter, the council office will take no further action regarding the case.

(D) Intimidatory or retaliatory acts. Any intimidation, threat, coercion or retaliation by or with the approval of any sponsor against any person for the purpose of interfering with any right or privilege secured by Title VII of the Civil Rights Act of 1964 or by federal executive order 11246 (http://www.dol.gov/esa/ofccp/regs/statutes/eo11246.htm), or because he or she has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Chapter 5101:11-5, 5101:11-6, or 5101:11-7 of the Administrative Code, shall be considered noncompliance with the EEO requirements of division 5101:11 of the Administrative Code. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purpose of the EEO requirements, including the conduct of any investigation, hearing or judicial proceeding arising therefrom.

Replaces: part of 5101:11-5-01

Effective: 08/07/2014
R.C. 119.032 review dates: 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03 , 4139.05
Prior Effective Dates: 10/8/71, 10/13/78, 11/23/98, 3/22/04, 6/6/09