Section .0100 - General

Link to law: http://reports.oah.state.nc.us/ncac/title 26 - administrative hearings/chapter 04 - civil rights division/chapter 04 rules.html
Published: 2015

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CHAPTER 04 - CIVIL RIGHTS DIVISION

 

SECTION .0100 - GENERAL

 

26 NCAC 04 .0101             INTRODUCTION

The Civil Rights Division shall investigate all charges

filed under G.S. 7A-759 and deferred charges from the Equal Employment

Opportunity Commission in accordance with the Federal regulations implementing

Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment

Act, and the Americans with Disabilities Act which are published in 29 C.F.R.,

Parts 1600 through 1699, and are hereby incorporated by reference to include

subsequent amendments. Copies of 29 C.F.R., Parts 1600 through 1699 are

available at no cost from the Government Printing Office website at www.gpoaccess.gov.

 

History Note:        Authority G.S. 7A-751; 7A-759;

Filed as a Temporary Rule Eff. October 15, 1986 for a

period of 120 days to expire on February 11, 1987;

Eff. February 1, 1987;

Amended Eff. July 1, 1989;

Temporary Amendment Eff. January 1, 1998;

Amended Eff. November 1, 2012; August 1, 1998.

26 NCAC 04 .0102             CONTENT AND

PROCEDURE

(a)  Any person wishing to file a complaint of alleged employment

discrimination under G.S. 7A-759 with the Civil Rights Division shall complete

the preliminary intake form found at www.ncoah.com; or

submit the complaint in writing or by telephone to:

Director of Civil

Rights Division

Office of

Administrative Hearings

6714 Mail Service

Center

Raleigh, NC  27699-6714

(919) 431-3036

(b)  The complaint shall include the following information:

(1)           The full name, address, telephone number

(work and home), and email address of person making the complaint;

(2)           The full name and address of the person or

agency against whom the complaint is made (the respondent);

(3)           A statement of the alleged employment

discrimination including pertinent dates;

(4)           A statement of the specific employment

issues (e.g. discharge, discipline, promotion) including the name and job title

of the decision maker;

(5)           A statement of the act, policy or practice

which is alleged to be unlawful;

(6)           For each act, policy or practice alleged, a

statement of the facts which lead the person to believe the act, policy or

practice is discriminatory; and

(7)           The approximate number of employees of the

respondent employer.

(c)  A complaint is considered a charge when the Equal

Employment Opportunity Commission's Charge of Discrimination form is signed and

dated and received by the Civil Rights Division.

(d)  The Civil Rights Division shall assess the charge to

determine if it is within the jurisdiction of the Office of Administrative

Hearings and if so, it shall be assigned a charge number.  If the charge is not

within the jurisdiction of the Office of Administrative Hearings, it shall be

transferred to the Equal Employment Opportunity Commission.

 

History Note:        Authority G.S. 7A-759;

Temporary Rule Eff. October 15, 1986 for a Period of 120

Days to Expire on February 11, 1987;

Eff. February 1, 1987;

Amended Eff. November 1, 2012; December 1, 1999; April 1,

1991; April 1, 1989.

 

26 NCAC 04 .0103             NOTIFICATION OF INVESTIGATION

(a)  When a charge of employment discrimination is filed,

the Civil Rights Division shall notify the charging party and respondent that

an investigation will commence.  Notice shall be served by registered U.S. mail.

(b)  Any correspondence related to a charge must include the

name of the charging party and the respondent and the Civil Rights Division's

charge number and be submitted to:

 

Director of Civil

Rights Division

Office of

Administrative Hearings

6714 Mail Service

Center

Raleigh, NC  27699-6714

 

History Note:        Authority G.S. 7A-759;

Temporary Rule Eff. October 15, 1986 for a Period of 120

Days to Expire on February 11, 1987;

Eff. February 1, 1987;

Amended Eff. November 1, 2012; December 1, 1999; April 1,

1991; April 1, 1989.

 

26 NCAC 04 .0104             ADDITIONAL INFORMATION

26 NCAC 04 .0105             INVESTIGATION

 

History Note:        Authority G.S. 7A-759; 150B-11;

Temporary Rule Eff. October 15, 1986 For a Period of 120

Days to Expire on February 11, 1987;

Eff. February 1, 1987;

Amended Eff. December 1, 1999; April 1, 1991; April 1,

1989;

Repealed Eff. November 1, 2012.

 

26 NCAC 04 .0106             INVESTIGATION REPORT

(a)  The Civil Rights Division shall investigate all charges

filed pursuant to this Section.

(b)  A civil rights investigator shall prepare an investigative

memorandum setting out the findings and the conclusions of the Civil Rights

Division's investigation based on the allegations and appropriate statutes.

(c)  The Civil Rights Division shall determine whether there

is probable cause to believe the alleged discrimination has occurred.

(d)  A civil rights investigator shall conduct a

pre-decision interview with the charging party prior to the issuance of the

Civil Rights Division's decision.

(e)  Upon completion of the investigation the civil rights

director shall issue a decision that shall be served on the charging party and

respondent by US mail.

(f)  If the investigation results in a determination that

there is no probable cause to believe the alleged discrimination has occurred,

the Civil Rights Division's director shall inform the charging party of the

rights of appeal to the Equal Employment Opportunity Commission.

(g)  If the investigation results in a determination that

there is probable cause to believe the alleged discrimination has occurred, the

civil rights director shall invite the parties to participate in pre-settlement

discussions and attempt conciliation.

 

History Note:        Authority G.S. 7A-759;

Temporary Rule Eff. October 15, 1986 for a Period of 120

Days to Expire on February 11, 1987;

Eff. February 1, 1987;

Amended Eff. November 1, 2012; April 1, 1989.

 

26 NCAC 04 .0107             CONCILIATION AND SETTLEMENT

(a)  A civil rights investigator shall contact the charging

party and the respondent to schedule a settlement conference with the Civil Rights

Division director and compliance manager within 10 days of the service of the

decision that there is probable cause to believe discrimination has occurred

upon the parties.

(b)  Where a settlement is reached among the charging party,

the respondent and the Civil Rights Division, an agreement shall be prepared by

the investigator and executed by the parties.

(c)  Upon notification to the Civil Rights Division by the

respondent that all provisions of the settlement agreement have been met, the

compliance manager shall close the charge.

(d)  The compliance manager shall forward the settlement

documents to the Equal Employment Opportunity Commission and the Civil Rights

Division director shall notify the parties that the charge is closed.

(e)  If conciliation is unsuccessful the charging party must

make a declaration of intent within seven days of how to proceed with the

charge.  The charging party may:

(1)           File a petition for a contested case

hearing with the Hearings Division of the Office of Administrative Hearings;

(2)           Request that the case be forwarded to the

Equal Employment Opportunity Commission for further conciliation;

(3)           Request a notice of right-to-sue from the

Equal Employment Opportunity Commission for the purpose of filing in Federal

District Court; or

(4)           Choose not to pursue the matter any

further.

(f)  Upon receipt of the signed and dated declaration of

intent, the Civil Rights Division shall close the charge and forward the case

file to the Equal Employment Opportunity Commission.

(g)  If no declaration of intent is received after seven

days, the Civil Rights Division shall close the charge and forward the case

file to the Equal Employment Opportunity Commission.

 

History Note:        Authority G.S. 7A-759;

Temporary Rule Eff. October 15, 1986 for a Period of 120

Days to Expire on February 11, 1987;

Eff. February 1, 1987;

Amended Eff. November 1, 2012; April 1, 1989.

 

26 NCAC 04 .0108             CONTESTED CASE HEARING

(a)  Any determination of probable cause that has not

resulted in conciliation may be heard by an Administrative Law Judge. The

charging party shall commence the proceedings by filing a petition for a

contested case hearing.

(b)  The Administrative Law Judge shall enter a stay in contested

cases where there is a companion employment discrimination charge under

investigation by the Civil Rights Division.  The Civil Rights Division director

shall notify the judge's assistant when the companion case is closed.

(c)  The Civil Rights Division's investigative file, shall

be made available to all parties, upon request, as provided in Section 83 of

the EEOC Compliance Manual, Volume 1 (October, 1987) incorporated herein by

reference as well as subsequent amendments thereto. Copies of Section 83 are

available upon request from the Office of Administrative Hearings, 6714 Mail

Service Center, Raleigh, NC 27699-6714 at no charge.

 

History Note:        Authority G.S. 7A-759; 150B-21.6;

150B-26; 150B-33;

Temporary Rule Eff. October 15, 1986 for a Period of 120

Days to Expire on February 11, 1987;

Eff. February 1, 1987;

Amended Eff. November 1, 2012; December 1, 1999; August

2, 1993; July 1, 1989.

 

26 NCAC 04 .0109             AUTHORITY TO ADMINISTER OATHS OR

AFFIRMATIONS

 

History Note:        Authority G.S. 7A-759; 150B-11;

Eff. April 1, 1989;

Repealed Eff. November 1, 2012.

 

26 NCAC 04 .0110             SUBPOENAS

If any subpoena, including a subpoena ducus tecum, is

required for the proper investigation of a charge, the Director or any employee

of the Civil Rights Division may apply to the Chief Administrative Law Judge

for issuance of the subpoena under the authority of G.S. 7A‑756(2).  The

subpoena shall issue in the discretion of the Chief Administrative Law Judge.

 

History Note:        Authority G.S. 7A‑756; 150B‑11;

Eff. April 1, 1989.

 

 

 

SECTION .0200 - POLITICAL DISCRIMINATION COMPLAINTS

 

26 NCAC 04 .0201             DEFINITIONS

26 NCAC 04 .0202             CONTENT AND FILING PROCEDURES

26 NCAC 04 .0203             TIME

26 NCAC 04 .0204             INITIAL DETERMINATION

 

History Note:        Authority G.S. 7A-751; 126-14.4; 150B-2;

Temporary Adoption Eff. January 1, 1998;

Eff. August 1, 1998;

Amended Eff. October 1, 2008; December 1, 1999; August 1,

1998;

Repealed Eff. August 21, 2013 [See S.L. 2013-382, s.7.6].