1218 DISMISSAL FOR LACK OF JURISDICTION

1218.1 The Language Access Director has the statutory authority to receive, investigate, and seek an appropriate remedy for allegations of noncompliance with the Act's provisions, provided that the following requirements are met:

(a) The complaint is filed with the OHR within one year of the occurrence of the alleged act of noncompliance, or the discovery thereof; whichever occurs sooner.

(b) The alleged act of noncompliance occurred within the District of Columbia; and

(c) The respondent is identified as follows:

(1) A covered entity or a covered entity with major public contact; or

(2) An organization, company, or service provider operating under a grant or contract with the District of Columbia or a covered entity pursuant to §§ 1205.2-1205.4.

1218.2 If the LA Director determines, on the face of the complaint, that the complaint lacks jurisdiction, pursuant to Section 6(b)(2) of the Act or fails to state a noncompliance claim under the Act, an order dismissing the complaint shall be issued without an investigation two (72) business hours from the time of intake. No cases shall be docketed until this process is completed.

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