SECTION .0200 – DEFINITIONS

13 NCAC 19 .0201             DEFINITIONS

The following definitions are applicable throughout this Chapter:

(1)           "Complainant" is a person allegedly aggrieved by a violation of G.S. 95-241, who files a written complaint with the WORD Office.

(2)           "Employee" means those individuals protected from discrimination or retaliation by G.S. 95-241, and includes but is not limited to those individuals defined as employees in G.S. 97-2(2), G.S. 95-25.2(4), G.S. 95-127(9), miners as defined in G.S. 74-24.2, temporary, leased, or loaned employees, former employees, jointly employed employees, common law employees, and applicants.

(3)           "Interview" as used in these Rules includes privately speaking with an employee or witness on company time on the company premises.

(4)           "Open or pending in the trial court division" as set forth in G.S. 95-242(e) means the period beginning with the filing of a written complaint with the Department and ends with either the Commissioner's receipt of a final determination by the trial court on the Commissioner's civil action or closure of the file according to these Rules, whichever occurs later.

(5)           "Protected activity" or "activity" shall mean and include all the actions set forth in G.S. 95-241(a) and G.S. 127A-111.

(6)           "Respondent" is a person, as defined in G.S. 95-240(1), against whom a REDA complaint is filed.

History Note:        Authority G.S. 95-245;

Eff. April 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.