Nebraska Administrative Code
Topic - EQUAL OPPORTUNITY COMMISSION
Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS
Chapter 2 - PROCEDURE
Section 141-2-002 - Action Upon Charge
Current through March 20, 2024
002.01 Duties of Commission Staff
Each charge filed by a complainant, or by her or his agent or attorney, shall be docketed and given a case number, and a copy of said charge shall promptly be served by the Commission on the respondent in person or by registered or certified mail.
002.02 The Commission shall institute an investigation by its employees to ascertain all of the facts relating to the alleged discriminatory public accommodations practice or practices set forth In the charge. The staff shall initially solicit information from all parties and utilize interrogatories, depositions, or subpoenas to facilitate a prompt investigation. Interrogatories shall be answered within fifteen (15) days of receipt and the person to whom the interrogatories are directed shall be so informed.
002.03 Dismissal
The Report of the investigation shall be presented to the Commission by the Executive Director. The Commission shall dismiss the charge (i) if it is determined that the Commission does not have jurisdiction over the matter; or (ii) if it is determined that there is not reasonable cause to believe that the alleged discriminatory public accommodations practice has been committed; or (iii) if the matter is adjusted and settled during the investigation; or (iv) if the complainant has failed to cooperate fully in the investigation of the charge; or (v) if a complaint has been filed with the County Attorney.
No Commission employee, during the investigation of a charge, shall propose terms of settlement and adjustment to the respondent's attorney or to the respondent; but, at the request of the respondent's attorney or the respondent, may advise the respondent of possible terms of settlement and adjustment, and shall communicate to the complainant and to the Commission any terms of settlement and adjustment proposed by the respondent. Any terms of settlement arrived at during the investigation shall be submitted to the Commission and the charge shall be dismissed, and the case closed as having been adjusted and settled during investigation.
The Commission shall notify all parties of any dismissal of a charge by personal service or registered or certified mail, which notification shall specify the reason or reasons for dismissal.
