1221 INVESTIGATION

1221.1 When a public complaint is filed, the LA Director shall:

1. (a) Facilitate the resolution of the complaint. The cited covered entity shall evaluate the complaint and either resolve to provide immediate access to the required services or, if resolution is not possible, propose a solution that is acceptable to the complainant, the covered entity, and the LA Director within a reasonable period of time. If the complaint is not resolved within thirty (30) days, the LA Director shall process a formal complaint;
2. (b) When resolution is not possible, supervise and monitor the investigation of the complaint; and
3. (c) When the investigation is completed, issue written findings.

1221.2 If the alleged act(s) of noncompliance was committed by OHR, the complaint shall be brought before the OCA for investigation.

1221.3 Upon assignment and docketing of the case, the investigator shall serve (by certified mail) on the respondent a copy of the complaint.

1221.4 Under the direction of the LA Director, the investigation shall include, but not be limited to, site visits, interviews of witnesses, and inspection of respondent's records.

1221.5 After the receipt of all requested documents from the respondent, the investigator shall provide the complainant with an opportunity to rebut relevant information submitted by the respondent.

1221.6 After the completion of the investigation and legal review, the results shall be submitted to the LA Director.

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