40 Tex. Admin. Code § 819.50 - Right to File a Civil Action
(a) CRD shall
inform the complainant by certified mail of:
(1) the dismissal of a complaint filed with
CRD; or
(2) the failure to resolve
a complaint in writing that was filed with CRD 180 days previously. CRD shall
inform the complainant of the complainant's right to request from CRD a notice
of right to file a civil action against the respondent. Upon receipt of a
written request, CRD may issue a notice of right to file a civil
action.
(b) Before the
expiration of 180 days after filing the complaint and upon a written request
from a complainant, CRD shall issue a notice of right to file a civil action
if:
(1) written confirmation by a physician
licensed to practice medicine in Texas states that the complainant has a life
threatening illness; or
(2)
certification by the CRD director states that the administrative processing of
the perfected complaint cannot be completed before the expiration of the 180th
day after the complaint was filed. The certification shall take into account
the exigent circumstances of the complainant.
(c) CRD shall issue notice under subsection
(b) of this section by certified mail no later than the fifth business day
after receipt of the complainant's request.
(d) The complainant's written request shall
include the respondent's name, CRD complaint number, and EEOC complaint number
if the complaint has been deferred by EEOC.
Notes
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