Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 20 - TEXAS WORKFORCE COMMISSION
Chapter 819 - CIVIL RIGHTS DIVISION
Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS
Section 819.46 - Dismissal of Complaint
Universal Citation: 40 TX Admin Code § 819.46
Current through Reg. 50, No. 13; March 28, 2025
(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.
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