[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68]
[Page 225]
TITLE 28--JUDICIAL ADMINISTRATION
CHAPTER I--DEPARTMENT OF JUSTICE (CONTINUED)
PART 68_RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE
Sec. 68.4 Complaints regarding unfair immigration-related employment
practices.
(a) Generally. An individual must file a charge with the Special
Counsel within one hundred and eighty (180) days of the date of the
alleged unfair immigration-related employment practice.
(b) The Special Counsel shall, within one hundred and twenty (120)
days of the date of receipt of the charge:
(1) Determine whether there is a reasonable cause to believe the
charge is true and whether to bring a complaint respecting the charge
with the Chief Administrative Hearing Officer within the 120-day period;
or,
(2) Notify the party within the 120-day period that the Special
Counsel will not file a complaint with the Chief Administrative Hearing
Officer within the 120-day period.
(c) The charging individual may file a complaint directly with the
Chief Administrative Hearing Officer within ninety (90) days after the
date of receipt of notice that the Special Counsel will not be filing a
complaint within the 120-day period. However, the Special Counsel's
failure to file a complaint within the 120-day period will not affect
the right of the Special Counsel to investigate the charge or bring a
complaint within the 90-day period.
[Order No. 1534-91, 56 FR 50053, Oct. 3, 1991]