[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1601.19]

[Page 147-148]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1601--PROCEDURAL REGULATIONS--Table of Contents
 
Subpart B--Procedure for the Prevention of Unlawful Employment Practices
 
Sec. 1601.19  No cause determinations: Procedure and authority.

    (a) Where the Commission completes its investigation of a charge and 
finds that there is not reasonable cause to believe that an unlawful 
employment

[[Page 148]]

practice has occurred or is occurring as to all issues addressed in the 
determination, the Commission shall issue a letter of determination to 
all parties to the charge indicating the finding. The Commission's 
letter of determination shall be the final determination of the 
Commission. The letter of determination shall inform the person claiming 
to be aggrieved or the person on whose behalf a charge was filed of the 
right to sue in Federal district court within 90 days of receipt of the 
letter of determination. The Commission hereby delegates authority to 
the Program Director, Office of Program Operations, or upon delegation 
to the Directors, Field Management Programs, Director, Determinations 
Review Program, and Dirstrict Directors or upon delegation to Area 
Directors or Local Directors, except in those cases involving issues 
currently designated by the Commission for priority review, to issue no 
cause letters of determination.
    (b) The Commission may on its own initiative reconsider a final 
determination of no reasonable cause and an issuing director may, on his 
or her own initiative reconsider his or her final determination of no 
reasonable cause. If the Commission or an issuing director decides to 
reconsider a final no cause determination, a notice of intent to 
reconsider shall promptly issue to all parties to the charge. If such 
notice of intent to reconsider is issued within 90 days of receipt of 
the final no cause determination, and the person claiming to be 
aggrieved or the person on whose behalf a charge was filed has not filed 
suit and did not request and receive a notice of right to sue pursuant 
to Sec. 1601.28(a) (1) or (2), the notice of intent to reconsider shall 
vacate the letter of determination and shall revoke the charging party's 
right to bring suit within 90 days. If the 90 day suit period has 
expired, the charging party has filed suit, or the charging party had 
requested a notice of right to sue pursuant to Sec. 1601.28(a) (1) or 
(2), the notice of intent to reconsider shall vacate the letter of 
determination, but shall not revoke the charging party's right to sue in 
90 days. After reconsideration, the Commission or issuing director shall 
issue a new determination. In those circumstances where the charging 
party's right to bring suit in 90 days was revoked, the determination 
shall include notice that a new 90 day suit period shall begin upon the 
charging party's receipt of the determination. Where a member of the 
Commission has filed a Commissioner charge, he or she shall abstain from 
making a determination in that case.

[52 FR 26958, July 17, 1987, as amended at 54 FR 32061, Aug. 4, 1989; 56 
FR 9625, Mar. 7, 1991; 56 FR 14470, Apr. 10, 1991]