Texas Administrative Code

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
RULE §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.

Source Note: The provisions of this §819.50 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