[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1601.18]

[Page 159]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1601_PROCEDURAL REGULATIONS--Table of Contents
 
 Subpart B_Procedure for the Prevention of Unlawful Employment Practices
 
Sec. 1601.18  Dismissal: Procedure and authority.

    (a) Where a charge on its face, or as amplified by the statements of 
the person claiming to be aggrieved discloses, or where after 
investigation the Commission determines, that the charge and every 
portion thereof is not timely filed, or otherwise fails to state a claim 
under title VII or the ADA, the Commission shall dismiss the charge. A 
charge which raises a claim exclusively under section 717 of title VII 
or the Rehabilitation Act shall not be taken and persons seeking to 
raise such claims shall be referred to the appropriate Federal agency.
    (b) Written notice of disposition, pursuant to this section, shall 
be issued to the person claiming to be aggrieved and to the person 
making the charge on behalf of such person, where applicable; in the 
case of a Commissioner charge, to all persons specified in Sec. 
1601.28(b)(2); and to the respondent. Appropriate notices of right to 
sue shall be issued pursuant to Sec. 1601.28.
    (c) The Commission hereby delegates authority to District Directors; 
the Director of the Office of Field Programs, or upon delegation, the 
Director of Field Management Programs, as appropriate, to dismiss 
charges, as limited by Sec. 1601.21(d). The Commission hereby delegates 
authority to Field Directors, Area Directors and Local Directors to 
dismiss charges pursuant to paragraphs (a), (b) and (c) of this section, 
as limited by Sec. 1601.21(d). The authority of the Commission to 
reconsider decisions and determinations as set forth in Sec. 1601.21 
(b) and (d) shall be applicable to this section.

[42 FR 55388, Oct. 14, 1977, as amended at 48 FR 19165, Apr. 28, 1983; 
49 FR 13024, Apr. 2, 1984. Redesignated and amended at 52 FR 26957, July 
17, 1987; 54 FR 32061, Aug. 4, 1989; 55 FR 26684, June 29, 1990; 56 FR 
9624, 9625, Mar. 7, 1991; 71 FR 26828, May 9, 2006; 73 FR 3388, Jan. 18, 
2008]