The Commission may refer all charges to any appropriate State agency and will encourage State agencies to refer charges to the Commission in order to assure that the prerequisites for private law suits, as set out in section 14(b) of the Act, are met. Charges so referred shall be deemed to have been filed with the Commission in accordance with the specifications contained in § 1626.7(b) . The Commission may process any charge at any time, notwithstanding provisions for referral to and from appropriate State agencies.
29 C.F.R. §1626.9