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 819.50 - Right to File a Civil Action
Universal Citation: 40 TX Admin Code § 819.50
Current through Reg. 50, No. 13; March 28, 2025
(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.
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