D.C. Mun. Regs. tit. 4, r. 4-1705

Current through Register 71, No. 45, November 7, 2024
Rule 4-1705 - ADMINISTRATIVE PROCEEDINGS AND CIVIL ACTIONS
1705.1

A person claiming to be aggrieved by an act of interference or retaliation under the UPLA may file an administrative complaint pursuant to this Chapter within one (1) year of the occurrence or discovery of the alleged violation, whichever is later.

1705.2

OHR shall process an administrative complaint filed under this Chapter in accordance with the complaint procedures of the DCFMLA (D.C. Official Code §§ 32-501, et seq.), as set forth in 4 DCMR §§ 1600 et seq.

1705.3

To the extent practicable, where a complaint states a claim of one or more violations under both the UPLA and the DCFMLA, OHR shall attempt to process the complaints concurrently.

1705.4

Pursuant to D.C. Official Code § 32-541.12(b)(2), the one-year statute of limitations to file a civil action under the UPLA shall be tolled during the pendency of an administrative proceeding pursuant to this Chapter or during any period when an employer has failed to comply with the notice provisions of section 106(i) of the UPLA (D.C. Official Code § 32-541.06(i)) and 7 DCMR § 3407 (Employer Responsibilities under the UPLA). An employer's failure to comply with any notice provision shall not toll the one-year statute of limitations to file an administrative action.

1705.5

Any rule found at 4 DCMR §§ 1600 et seq. regarding any effect of a private cause of action on the processing of an administrative complaint is applicable to proceedings governed by this Chapter, except that if there is any inconsistency, the UPLA shall control.

1705.6

The Director of OHR may initiate a complaint of interference in violation of § 1701.2(f) of this Chapter, where the Director plausibly believes that a person other than the complainant has engaged in conduct prohibited by § 1701.2(f).

D.C. Mun. Regs. tit. 4, r. 4-1705

Final Rulemaking published at 69 DCR 9526 (7/29/2022)