106.1 A verified and written complaint of discrimination shall be submitted by the complainant, in person to the Director, EEO within fifteen (15) calendar days of the date of the complainant's final interview with the EEO Counselor.

106.2 The time limit for filing may be extended by the Director, EEO upon a showing by the complainant that good cause prevented the complainant from submitting the complaint within the prescribed time limit.

106.3 Upon filing of a complaint the Director, EEO shall provide a copy to the agency in which the complainant is employed.

106.4 At any stage in the presentation of a complaint, including the pre-complaint counseling stage, the complainant shall have the right to be represented, accompanied, and advised by a representative of his or her choosing.

106.5 The Director, EEO may dismiss or reject a complaint of discrimination for the following reasons:

(a) It is not timely filed;

(b) It is not within the scope of this chapter; or

(c) The complainant fails to prosecute the complaint.

106.6 In the event of a rejection or dismissal, the Director, EEO shall transmit the decision by letter to complainant or his or her representative, which shall inform the complainant or his or her representative of complainant's right to request reconsideration or the reopening of the case by the Director, EEO pursuant to § 114.4. A copy of the decision shall also be transmitted to the respondent agency.

106.7 In order to resolve each complaint expeditiously, the complainant and the District government shall proceed with the complaint without undue delay so that the complaint is resolved, insofar as a practicable, within one hundred eighty (180) calendar days after its receipt by the Director, EEO, including the time spent processing the complaint by the Hearing Examiner.

106.8 Repealed

106.9 The complainant shall be responsible for prosecuting the complaint without undue delay so as to permit resolution of the complaint within the prescribed time limits.

106.10 The complainant shall provide reasonable assistance and all pertinent information to the Office of Human Rights (OHR) staff in processing the complaint.

106.11 The Director, EEO may dismiss a complaint if the complainant fails to process the complaint without necessary delay or may adjudicate the complaint on the basis of the existing record if sufficient information for that purpose is available.

106.12 Officers and employees of District government agencies and departments in which a complaint arises under this chapter shall not cause hardship, delay, or interference with the efforts of the EEO Counselor, the complainant or the complainant's representative, staff members of the OHR, or the Hearing Examiner, in their efforts and activities to process the complaint to a resolution.

106.13 All District agencies and departments shall make every effort to make available as witnesses at hearings those employees whose testimony is determined to be necessary by the Hearing Examiner.

106.14 A complaint may be amended by the complainant at any time prior to the issuance of a summary determination pursuant to § 109, or a decision following a hearing pursuant to § 114.

106.15 An amendment shall be in writing and verified, and shall be submitted by the complainant or the complainant's representative to the Director, EEO.

106.16 When an amendment is filed, the Director, EEO shall serve a copy of the amendment upon the respondent within five (5) work days of the amendment.

106.17 The respondent shall, within five (5) work days after service of the amendment, file an answer to the amendment.

SOURCE: Final Rulemaking published at 31 DCR 56, 64-65(January 6, 1984); as amended by Final Rulemaking published at 43 DCR 6569, 6572-73 (December 13,1996).