1. A. The OCR shall assess the complaint to be sure it meets mandated criteria for timeliness, adequacy, and jurisdiction and shall determine whether or not to accept the complaint for investigation.

   1. 1. For complaints that are not accepted for investigation, the OCR may either:

      1. a. Notify the complainant of OCR’s determination and the reason not to investigate, or:
      2. b. Notify the complainant that OCR has referred the complaint to the appropriate Department Division, Agency, or entity.

   2. 2. For complaints that are accepted for investigation, the OCR shall:

      1. a. Complete a thorough investigation of the circumstances giving rise to the complaint within ninety days of receipt of the complaint by the Department.

      2. b. Notify the complainant in writing that either:

         1) The investigation disclosed no substantial evidence of unlawful discrimination; or

         2) The investigation found that a discriminatory act did occur and that the Department will take necessary action.

2. B. If the complainant is dissatisfied with the OCR determination, the OCR will refer the complainant to the appropriate federal agency.

HISTORY: Amended by State Register Volume 28, Issue No. 12, eff December 24, 2004.