40 Tex. Admin. Code § 819.46 - Dismissal of Complaint

Current through Reg. 46, No. 53; December 31, 2021

(a) The CRD director may dismiss a complaint if:
(1) it is not filed timely;
(2) it fails to state a claim under Texas Labor Code, Chapter 21;
(3) a complainant fails to perfect a complaint within 10 days of the receipt of the complaint; or
(4) a complainant fails to cooperate, fails or refuses to appear or to be available for interviews or conferences, or fails or refuses to provide requested information. Prior to dismissing the complaint, the complainant shall be notified and given a reasonable time to respond.
(b) CRD shall notify the complainant as required by law, by certified mail of its dismissal of a complaint. The respondent and any federal enforcement agency shall be notified of the dismissal of a complaint.
(c) CRD shall notify the complainant, by mail, of the complainant's right to file a civil action against the respondent named in the perfected complaint pursuant to Texas Labor Code § 21.208 and § 21.252, and § 819.50 of this subchapter.

Notes

40 Tex. Admin. Code § 819.46
The provisions of this §819.46 adopted to be effective September 27, 2005, 30 TexReg 6065; amended to be effective June 16, 2014, 39 TexReg 4659; Amended by Texas Register, Volume 41, Number 31, July 29, 2016, TexReg 5563, eff. August 1, 2016

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