1217 FILING OF PUBLIC COMPLAINTS

1217.1 The procedures in this section apply to the filing of a public complaint as described in § 1216.

1217.2 Any person or organization may file with OHR a complaint of violation of the provisions of the Language Access Act. If a complainant lacks capacity, the complaint may be filed on his/her behalf by a person or organization with an interest in the welfare of the complainant.

1217.3 The complaint may be submitted in writing on questionnaire obtained from the OHR or submitted online via the OHR's website.

1217.4 The LA Director may initiate an investigation whenever he or she has reason to believe that any agency covered under the Act or its employee has committed an act of noncompliance with the Act.

1217.5 A complaint shall be deemed sufficient when OHR receives from the complainant a written statement sufficiently precise to identify the parties, and to describe generally the action or practice complained of.

1217.6 A complaint shall be filed with the Office through its intake procedures.

1217.7 The LA Director shall attempt to resolve the alleged violation with the covered entity in question prior to formally docketing the complaint.

1217.8 If the LA Director has jurisdiction to investigate the complaint and if the complaint has not successfully been resolved as described in 1221, it shall be docketed and assigned to the LA Director who may assign it to an OHR investigator.

SOURCE: Final Rulemaking published at 55 DCR 6348 (June 6, 2008).