22 Va. Admin. Code § 25-10-60

Current through Register Vol. 40, No. 19, May 6, 2024

Section 22VAC25-10-60 - Filing referrals to state and federal agencies

A. Complaints which are under the jurisdiction of another state agency are considered filed with that agency when received by the council if the filing falls within the time limits for filing as required by that agency pursuant to § 2.1-722 of the Code of Virginia.

B. The council has established interagency agreements with the following state agencies:

1. Department of Professional and Occupational Regulation-Real Estate Board;

2. Department of Labor and Industry;

3. Department of Personnel and Training;

4. Department for Rights of Virginians with Disabilities; and

5. Department of Employee Relations Counselors.

If it is deemed appropriate, agreements will be established with other state agencies and these regulations will be amended to include the agencies.

If the director or his designee determines that the complaint is not within the council's jurisdiction, but possibly in the jurisdiction of one of the interagency agreement agencies, the complaint shall be sent to the appropriate agency within 15 working days of the determination. The complainant shall be notified of this action and a reason provided. Once the complaint has been forwarded and the complainant notified, the council shall close the case. In the event the complaint is not under the jurisdiction of the agency to which it was referred or if additional evidence is submitted the case will be reopened.

C. Persons filing under Title VII of the Civil Rights Act of 1964, as amended, or the Fair Labor Standards Act shall be notified within 15 days that they should also file with the appropriate federal agency within the appropriate time period if the statute of limitations has not already expired.

D. All charges shall be dated and time upon receipt.

E. Complaints shall be filed with the council not later than 180 days from the day upon which the alleged discriminatory practice occurred.

22 Va. Admin. Code § 25-10-60

Derived from VR402-01-02 § 6, eff. July 4, 1990.

Statutory Authority

§ 2.2-2634 of the Code of Virginia.