Administrative Code

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Virginia Administrative Code
Title 1. Administration
Agency 45. Department Of Law
Chapter 20. Regulations Regarding the Virginia Human Rights Act
12/5/2020

1VAC45-20-60. Filing referrals to state and federal agencies.

A. Complaints that are under the jurisdiction of another state agency are considered filed with that agency when received by the division provided the time limit for filing with the other agency has not expired.

B. The division may establish interagency agreements with other state agencies

for purposes of carrying out its referral functions.

C. If the director or the director's designee determines that the complaint is not within the division's jurisdiction, but possibly in the jurisdiction of another state or federal agency, the complaint shall be promptly sent to the appropriate agency after such determination. The complainant shall be notified of this action and provided with a reason for the referral. Once the complaint has been referred to the appropriate agency and the complainant has received notification of the referral, the division 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 division may reopen the complaint.

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

E. The division shall time-stamp and date all complaints upon receipt.

Statutory Authority

§ 2.2-520 of the Code of Virginia.

Historical Notes

Former 22VAC25-10-60 derived from VR402-01-02 § 6, eff. July 4, 1990; amended and renumbered, Volume 33, Issue 15, eff. May 5, 2017; Errata, 33:18 VA.R 2029 May 1, 2017; amended, Virginia Register Volume 37, Issue 03, eff. October 28, 2020.

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