[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: 29CFR1601.18]

[Page 147]
 
                             TITLE 29--LABOR
 
                               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) Where the person claiming to be aggrieved fails to provide 
requested necessary information, fails or refuses to appear or to be 
available for interviews or conferences as necessary, fails or refuses 
to provide information requested by the Commission pursuant to 
Sec. 1601.15(b), or otherwise refuses to cooperate to the extent that 
the Commission is unable to resolve the charge, and after due notice, 
the charging party has had 30 days in which to respond, the Commission 
may dismiss the charge.
    (c) Where the person claiming to be aggrieved cannot be located, the 
Commission may dismiss the charge: Provided, That reasonable efforts 
have been made to locate the charging party and the charging party has 
not responded within 30 days to a notice sent by the Commission to the 
person's last known address.
    (d) Where a respondent has made a settlement offer described in 
Sec. 1601.20 which is in writing and specific in its terms, the 
Commission may dismiss the charge if the person claiming to be aggrieved 
refuses to accept the offer: Provided, That the offer would afford full 
relief for the harm alleged by the person claiming to be aggrieved and 
the person claiming to be aggrieved fails to accept such an offer within 
30 days after actual notice of the offer.
    (e) Written notice of disposition, pursuant to paragraphs (a), (b), 
(c) or (d) of 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.
    (f) The Commission hereby delegates authority to District Directors; 
the Program Director, Office of Program Operations or upon delegation, 
the Director of Systemic Programs, Office of Program Operations or the 
Directors, Field Management Programs, Office of Program Operations, as 
appropriate, to dismiss charges, as limited by Sec. 1601.21(d). The 
Commission hereby delegates authority to Area Directors or Local 
Director 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]