SECTION .0200 - POLITICAL DISCRIMINATION COMPLAINTS

26 NCAC 04 .0201             DEFINITIONS

In addition to the definitions in G.S. 126-14.2, the following definitions apply to this Section:

(1)           "Complainant" means a state employee or applicant for initial state employment who files a political discrimination complaint with the Civil Rights Division of the Office of Administrative Hearings according to G.S. 126-14.4.

(2)           "Complaint" means a proceeding pursuant to this Section to resolve a dispute between an agency and another person that involves alleged political discrimination.

(3)           "File or filing" a political discrimination complaint means to place the paper or document to be filed into the care, custody and acceptance of the Civil Rights Division.

(4)           "No Probable Cause Determination" means the Civil Rights Division concludes that a violation of G.S. 126-14.2 has not occurred.

(5)           "Probable Cause Determination" means the Civil Rights Division concludes that a violation of G.S. 126-14.2 has occurred.

(6)           "Respondent" means a state, county, or local agency or department subject to G.S. 126 against whom a political discrimination complaint is filed.

(7)           "Serve or Service" means personal delivery or delivery by first class United States Postal Service Mail or a licensed overnight express mail service, postage prepaid and addressed to the person to be served at his or her last known address. Service by mail or overnight express mail is complete upon placing the item to be served, enclosed in a wrapper addressed to the person to be served in an official depository of the United States Postal Service or upon delivery, postage prepaid and wrapped in a wrapper addressed to the person to be served to an agent of the overnight express mail service.

(8)           "Third Party" means the person who has been allegedly hired or promoted in violation of G.S. 126-14.2.

History Note:        Authority G.S. 7A-751; 126-14.4; 150B-2;

Temporary Adoption Eff. January 1, 1998;

Eff. August 1, 1998.