Article III. Administrative Claims Procedure
§ 2-301 Administrative claims procedure.
A. The administrative claims procedure in this article must be exhausted before a claimant can pursue dispute resolution for a claim under Article IV, V or VI of this chapter.
B. A prospective claimant shall have one hundred eighty (180) days from the date that an alleged discriminatory act occurred to file a notice of claim with the claims administrator.
C. Within fourteen (14) days of receipt of a notice of claim, the claims administrator shall provide a claims procedure notice to the prospective claimant, by personal service or certified mail, return receipt requested, that a claimant is required to first exhaust the administrative claims procedure, and if dissatisfied with the resolution of the administrative claims procedure, the claimant will be entitled to pursue his or her claim pursuant to the adjudication process set forth in Article IV of this chapter. The front page of the claims procedure notice must prominently display the following warning:
You must file any and all Claims for harassment, retaliation and employment discrimination based on your Notice of Claim within one hundred eighty (180) days of your receipt of this notice. If you do not file a Claim within one hundred eighty (180) days, you will lose your right to bring a claim based on the alleged harassment, retaliation or discrimination.
D. The claimant must file his or her claim with the claims administrator within one hundred eighty (180) days of receipt of a duly delivered claims procedure notice, or the claim will be deemed abandoned and barred from any further consideration in any forum whatsoever.
E. A claim must include the following information:
1. The name, mailing address, and telephone number of claimant and claimant’s legal representative, if any;
2. The date, location, and detailed account of the alleged incident or occurrence that gave rise to the claim;
3. The identity or description of all persons known to claimant or believed by claimant to be involved in the incident or occurrence that gave rise to the claim;
4. The identity or description of all persons known to claimant or believed by claimant to have personal knowledge of the incident or occurrence that gave rise to the claim, including name, address and phone number(s) of such persons;
5. A detailed description of the nature and cause of the alleged damage or injury, including the identification of the type and amount of monetary damages requested;
6. The identity or description of all persons known to claimant or believed by claimant to have personal knowledge of the alleged damage or injury suffered by claimant arising out of, connected with, or related to the incident or occurrence that gave rise to the claim, including name, address, and phone number(s) of such persons;
7. Copies of all documentation in the possession or control of claimant or his or her legal representative relating to the claim, including, without limitation, previously filed complaints of alleged employment discrimination with the Tribal Gaming Authority, investigative reports and documentation of alleged employment discrimination, medical records and reports, security reports, witness statements, photographs, and police reports; and
8. A signature under penalty of perjury by claimant, or, if claimant is unable to sign the claim because of physical or mental incapacity, a signature under penalty of perjury by another person with personal knowledge of the contents of the claim.
F. Within fourteen (14) days of receipt of a claim, the claims administrator shall give written notice to claimant by personal service or certified mail, return receipt requested, that the claim is timely and complete, or that the claim is not timely or is incomplete.
1. If the claim is timely and complete, the claims administrator, concurrent with the written notice given to claimant under subsection (F) of this section, shall deliver the claim to the Grievance Review Board by personal service or certified mail, return receipt requested. The Grievance Review Board shall immediately provide all parties with a copy of the hearing procedures and set an administrative hearing date that is not more than thirty (30) days after its receipt of the claim. The administrative hearing, determination and award, if any, shall be conducted in accordance with the procedure set forth in 7 WRC § 1-101 et seq., Employment, as may be amended from time to time. For the purpose of employment discrimination claims filed under this chapter only, in the event of any inconsistency between this chapter and 7 WRC § 1-101 et seq., Employment, this chapter shall prevail.
2. If the claim is not timely, it shall be barred in accordance with subsection (D) of this section.
3. If the claim is deficient, the claimant may refile his or her claim with the claims administrator; provided, that the refiling occurs no later than one hundred eighty (180) days after claimant’s receipt of the claims procedure notice set forth in subsection (D) of this section.
G. A decision of the Grievance Review Board shall be (1) in writing; (2) based on facts surrounding the dispute; (3) a reasoned decision; and (4) rendered within five (5) business days from the date of the hearing, unless the parties agree upon on a longer period. (Res. 2019-45)