§ 11-05 Complaints.
RCNY § 11-05
(a)Any person who believes a violation of Administrative Code § 6-108.1 and these regulations has occurred may file a complaint, in writing, signed and dated, with the contracting agency when a contract is involved or, if no specific contract is involved, with OEFO.
(b)A prompt investigation shall be made by the contracting agency's LBE liaison officer if the agency receives the complaint, or by the Division if it receives the complaint.
(c)Any complaint alleging fraud, or other criminal behavior, concerning the requirements of Administrative Code § 6-108.1 and these regulations on the part of a contractor or subcontractor shall be referred by the contracting agency or the Division to their respective Inspector Generals.
(d)The contractor or subcontractor involved shall cooperate fully with any investigation. Failure or refusal to furnish information or to cooperate in the investigation is a violation of Administrative Code § 6-108.1 and these regulations and may result in the imposition of sanctions as provided in 66 RCNY § 11-04(j).
(e)Upon completion of the investigation, the complaining party and the contractor or subcontractor involved shall be informed of the results of the investigation in writing. If the contracting agency or the Division has reasonable cause to believe that the contractor or subcontractor is in noncompliance with Administrative Code § 6-108.1 or these regulations, then the procedures set forth in 66 RCNY § 11-04(i)(9) and (10) shall be commenced.
(f)No contractor, subcontractor, or other person shall intimidate, threaten, coerce, or discriminate against any individual or business for the purpose of interfering with any right or privilege secured by Administrative Code § 6-108.1 and these regulations or because a complaint was filed, or a person testified, assisted or participated in any manner in an investigation, proceeding, or hearing under these regulations.
(g)The identity of the complaining party shall be kept confidential only on request. If such confidentiality hinders the investigation, the complaining party shall be so advised for the purpose of obtaining a waiver of confidentiality. The complaining party shall be further advised that failure to waive confidentiality may result in a determination based upon information already provided.
