[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: 29CFR1601.19]

[Page 159-160]
 
                             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. 1601.19  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 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 Director of the Office of Field Programs, or upon 
delegation to the Director of Field Management Programs, and District 
Directors or upon delegation to Field Directors, 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

[[Page 160]]

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; 71 FR 26828, May 9, 
2006]