[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR44.303]

[Page 12]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 44--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES--Table of Contents
 
                    Subpart C--Enforcement Procedures
 
Sec. 44.303  Determination.

    (a) Within 120 days of the receipt of a charge, the Special Counsel 
shall undertake an investigation of the charge and determine whether a 
complaint with respect to the charge will be brought before an 
administrative law judge specially designated by the Attorney General to 
hear cases under section 102 of the Act.
    (b) When the Special Counsel decides not to file a complaint with 
respect to such charge before an administrative jaw judge within the 
120-day period, or at the end of the 120-day period, the Special Counsel 
shall issue letters of determination by certified mail which notify the 
charging party and the respondent of the Special Counsel's determination 
not to file a complaint.
    (c) When the charging party receives a letter of determination 
issued pursuant to Sec. 44.303(b), indicating that the Special Counsel 
will not file a complaint with respect to such charge, the charging 
party, other than an officer of the Immigration and Naturalization 
Service, may bring his or her complaint directly before an 
administrative law judge within 90 days after his or her receipt of the 
Special Counsel's letter of determination. The charging party's 
complaint must be filed with an administrative law judge pursuant to the 
regulations issued by the Office of the Chief Administrative Hearing 
Officer codified at 28 CFR 68.1.
    (d) The Special Counsel's failure to file a complaint with respect 
to such charge, before an administrative law judge within 120 days shall 
not affect the right of the Special Counsel to continue to investigate 
the charge or to bring a complaint before an administrative law judge 
during the additional 90-day period as defined by paragraph (c) of this 
section.
    (e) The Special Counsel may seek to intervene at any time in any 
proceeding brought by a charging party before an administrative law 
judge.

[Order No. 1225-87, 52 FR 37409, Oct. 6, 1987, as amended by Order No. 
1520-91, 56 FR 40249, Aug. 14, 1991]