| (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.
|
| Source Note: 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 to be effective August 1, 2016, 41 TexReg 5559 |
