§ 7A-759. Role as deferral agency. - North Carolina Statutes

§ 7A‑759.  Role asdeferral agency.

(a)        The Office of Administrative Hearings is designated to serveas the State's deferral agency for cases deferred by the Equal EmploymentOpportunity Commission to the Office of Administrative Hearings as provided inSection 706 of the Civil Rights Act of 1964, 42 U.S.C. § 2000e‑5, the AgeDiscrimination in Employment Act, 29 U.S.C. § 621 et seq., and the Americanswith Disabilities Act, 42 U.S.C. § 12101 et seq. for charges filed by State orlocal government employees covered under Chapter 126 of the General Statutesand shall have all of the powers and authority necessary to function as adeferral agency.

(b)        The Chief Administrative Law Judge is authorized anddirected to contract with the Equal Employment Opportunity Commission for theOffice of Administrative Hearings to serve as a deferral agency and toestablish and maintain a Civil Rights Division in the Office of AdministrativeHearings to carry out the functions of a deferral agency.

(b1)      As provided in the contract between the Office ofAdministrative Hearings and the Equal Employment Opportunity Commission, adeferred charge for purposes of 42 U.S.C. § 2000e‑5(c) or (d) is a chargethat is filed by a State or local government employee covered under Chapter 126of the General Statutes and alleges an unlawful employment practice prohibitedunder that Chapter or any other State law. A deferred charge may be filed witheither agency.

The date a deferred charge is filed with either agency is considered tobe a commencement of proceedings under State law for purposes of 42 U.S.C. §2000e‑5(c) or (d). The filing of a deferred charge automatically tollsthe time limit under G.S. 126‑7.2, 126‑35, 126‑38, and 150B‑23(f)and any other State law that sets a time limit for filing a contested caseunder Article 3 of Chapter 150B of the General Statutes alleging an unlawfulemployment practice. These time limits are tolled until the completion of theinvestigation and of any informal methods of resolution pursued pursuant to subsection(d) of this section.

(c)        In investigating charges an employee of the Civil RightsDivision of the Office of Administrative Hearings specifically designated by anorder of the Chief Administrative Law Judge filed in the pending case mayadminister oaths and affirmations.

(c1)      In investigating charges, an employee of the Civil RightsDivision shall have access at reasonable times to State premises, records, anddocuments relevant to the charge and shall have the right to examine,photograph, and copy evidence. Any challenge to the Civil Rights Division toinvestigate the deferred charge shall not constitute grounds for denial orrefusal to produce or allow access to the investigative evidence.

(d)        Any charge not resolved by informal methods of conference,conciliation or persuasion may be heard as a contested case as provided inArticle 3 of Chapter 150B of the General Statutes.

(e)        Notwithstanding G.S. 150B‑34 and G.S. 150B‑36,an order entered by an administrative law judge after a contested case hearingon the merits of a deferred charge is a final agency decision and is binding onthe parties. The administrative law judge may order whatever remedial action isappropriate to give full relief consistent with the requirements of federalstatutes or regulations or State statutes or rules.

(f)         In addition to the authority vested in G.S. 7A‑756and G.S. 150B‑33, an administrative law judge may monitor compliance withany negotiated settlement, conciliation agreement or order entered in adeferred case.

(g)        The standards of confidentiality established by federalstatute or regulation for discrimination charges shall apply to deferred casesinvestigated or heard by the Office of Administrative Hearings.

(h)        Nothing in this section shall be construed as limiting theauthority or right of any federal agency to act under any federal statute orregulation.

(i)         This section shall be broadly construed to further thegeneral purposes stated in this section and the specific purposes of theparticular provisions involved. (1987 (Reg. Sess., 1988), c. 1111, s. 14(c); 1993, c. 234, s. 1; 1997‑513,s. 1; 1998‑212, s. 22.)