§ 1603.107 - Dismissals of complaints.

§ 1603.107 Dismissals of complaints.

Cross Reference

Link to an amendment published at 89 FR 47852, June 4, 2024.

(a) Where a complaint on its face, or after further inquiry, is determined to be not timely filed or otherwise , except as described in § 1603.102(e), fails to state a claim under this part, the Commission shall dismiss the complaint.

(b) Where the complainant cannot be located, the Commission may dismiss the complaint provided that reasonable efforts have been made to locate the complainant and the complainant has not responded within 30 days to a notice sent by the Commission to the complainant's last known address.

(c) Where the complainant fails to provide requested information, fails or refuses to appear or to be available for interviews or conferences as necessary, or otherwise refuses to cooperate, the Commission, after providing the complainant with notice and 30 days in which to respond, may dismiss the complaint.

(d)

Written notice of dismissal pursuant to

paragraphs

paragraph (a)

, (b), or (c)

of this section shall be issued to the complainant and the respondent. The Commission hereby delegates authority to dismiss complaints to the

Program

Director, Office of Field Programs

, or to his or her

or the Director's designees, and to District Directors

,

or

to

their designees

, to dismiss complaints

.

(

e

c) A complainant who is dissatisfied with a dismissal issued pursuant to

paragraphs (a), (b), or (c) of

this section may appeal to the Commission in accordance with the procedures in subpart C of this part.

[62 89 FR 17543, Apr. 10, 1997, as amended at 64 FR 28744, May 27, 199947852, June 4, 2024]