Current through Register Vol. 54, No. 16, April 20, 2024
Section 42.61 - Dismissal of complaints(a) If, after investigation, the staff determines that no probable cause exists to credit the allegations of the complaint or if, during or after investigation, the staff determines that the case is untimely filed, that the case is moot, that the Commission lacks jurisdiction, that the parties have reached an agreement adjusting the complaint or that another reason exists which legally justifies the dismissal of the complaint, the staff will make a finding reflecting that determination.(b) A staff finding will be reported to the Executive Director, who may close the case or take other action as may be deemed necessary or appropriate. The Executive Director may appoint, in writing, another staff person who is authorized to close cases in the Executive Director's absence.(c) Whenever a case is closed, the Commission will notify all parties in writing of the following: (1) The closing, together with a statement of the reason therefor.(2) The right of the complainant to request a preliminary hearing in accordance with § 42.62 (relating to request for a preliminary hearing).(3) The right of the complainant to bring an action in the court of common pleas of the county wherein the alleged unlawful discriminatory practice took place. The duty of the complainant to serve a copy of the court complaint on the Commission, in an action so brought, at the same time the complaint is filed in court.The provisions of this § 42.61 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; amended July 24, 1981, effective 7/25/1981, 11 Pa.B. 2608; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909; amended December 17, 1993, effective 12/18/1993, 23 Pa.B. 5897. This section cited in 16 Pa. Code § 42.62 (relating to request for a preliminary hearing); and 16 Pa. Code § 42.76 (relating to rescission of finding of probable cause).