Iowa Admin. Code r. 161-3.26 - Initial investigation of complaint-tier one investigation
(1) Questionnaire.
After receipt of a complaint, the agency may mail to the parties written
questionnaires. Complainant and respondent may provide responses in person, by
mail or electronic mail.
(2)
Responses to the questionnaire.
a.
Questionnaire responses can include written position statements. Questionnaire
responses must be accompanied by supportive evidence. Attorney arguments are
not considered admissible evidence. Supportive evidence should address the
complainant's allegations and how individuals similarly situated to the
complainant were treated.
b.
Questionnaire responses are due 30 days from the mailing of the questionnaire.
One oral or written request extension of 30 days or less will be granted on an
informal basis without notice to the nonrequesting party. A party may assume
the first 30-day extension request is approved, unless otherwise notified. Any
further request for extension may be subject to review by the executive
director or designee and will be granted upon a showing of extenuating
circumstances.
(3)
Failure to respond.
a.
Complainant. A complaint may be administratively closed if a
complainant fails to respond to questionnaires.
b.
Respondent. A complaint
may proceed to further investigation if respondent fails to submit
questionnaire responses with supportive evidence.
(4) Suggested procedure in answering
questionnaires will be provided in the cover letter to the
questionnaires.
(5) The tier one
investigation process will determine whether further investigation is needed.
If further investigation is not warranted, the complaint will be
administratively closed. Further processing is warranted when the submitted
information indicates a reasonable possibility of a probable cause
determination or the legal issues in the complaint need development.
Respondent's failure to respond to the agency's request for response may also
result in referral to a tier two investigation.
(6) The agency may issue a request for
information for the investigation after the issuance of the tier one
determination.
Notes
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