Compilation of Rules and Regulations of the State of Georgia
Department 186 - COMMISSION ON EQUAL OPPORTUNITY
Chapter 186-1 - ADMINISTRATION
Rule 186-1-.05 - Complaint Processing

(1) The Administrator's staff shall promptly investigate the allegations of unlawful practice set forth in the complaint, and within 15 days of filing, shall serve the Respondent with a copy of the complaint. The complaint shall be barred unless filed within 180 days after the alleged unlawful practice occurs.

(2) Within 90 days after the complaint has been filed, the Administrator shall determine whether there is reasonable cause to believe the Respondent has engaged in an unlawful practice. If it is determined that there is no reasonable cause to believe that the Respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint.

(3) Within ten days after receiving a copy of the order dismissing the complaint, the charging party may file with the Administrator an application for reconsideration of the order. Upon such application, the Administrator shall determine within 15 days whether there is reasonable cause to believe that the Respondent has engaged in an unlawful practice. If it is again determined that there is not reasonable cause to believe that the Respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint and notifying the Complainant that such Complainant has the right to request a right to sue letter from the appropriate federal agency or petition for review in the appropriate Superior Court as provided for in the Fair Employment Practices Act of 1978, as amended.

(4) After investigation or after review provided for in section (3), above, if the Administrator determines that there is reasonable cause to believe that the Respondent has engaged in an unlawful practice, then the Administrator's staff shall first endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. The terms of the conciliation agreement reached with the Respondent may require the Respondent to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may he agreed upon between the Administrator and Respondent. If a conciliation agreement is entered into, the Administrator shall issue and serve on the Complainant a final order stating the terms.

(5) In the event the Administrator determines that there is reasonable cause to believe an agency or authority has engaged in an unlawful practice as defined in the Fair Employment Practices Act of 1978, as amended, and the Administrator's staff is unable to eliminate the alleged unlawful practice by conference, conciliation, and persuasion, the Administrator shall refer the complaint to a Special Master.