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

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 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 Human Resources Management; and

4. Department of Human Resources Management, Office of Employee Dispute Resolutions.

If the director or his designee determines that the complaint is not within the division'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 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 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 complaints shall be dated and time-stamped 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.

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