When do you consider a complaint received for the one year occurance date?  Facts:  A state complaint may only look back one year.  We have an online complaint system that allows 24 hour 7 day a week submission.  We received a state complaint one day late

When do you consider a complaint received for the one year occurrence date?   A state complaint may only look back one year.  We have an online complaint system that allows 24 hours, 7 days a week submission.  We received a state complaint one day late based upon when I was able to look at the complaint.  (the a.m. of May 15)  A letter went out telling the Complainant that she missed the one year window but could request a due process hearing.  Complainant states, and it has been verified that she technically submitted the complaint at 11:56 p.m. on May 14.  All but one of the allegations in the complaint pre-date May 14, 2019.  But there was a meeting held, in which she alleges non-compliance, on May 14, 2019.  I could limit the investigation to this single meeting or I could say it was not received until May 15, 2020 and therefore cannot be investigated.   How strictly does your state adhere to the one year and do you count non-business days/times when assessing whether it was “received” ?
Legacy Id
68725
Weight
0