[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: 29CFR1603.107]

[Page 188]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
   PART 1603_PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF THE GOVERNMENT 
EMPLOYEE RIGHTS ACT OF 1991--Table of Contents
 
                    Subpart A_Administrative Process
 
Sec. 1603.107  Dismissals of complaints.

    (a) Where a complaint on its face, or after further inquiry, is 
determined to be not timely filed or otherwise 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 (a), (b), or 
(c) of this section shall be issued to the complainant and the 
respondent. The Commission hereby delegates authority to the Program 
Director, Office of Field Programs, or to his or her designees, and 
District Directors, or to their designees, to dismiss complaints.
    (e) 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 FR 17543, Apr. 10, 1997, as amended at 64 FR 28744, May 27, 1999]