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

1VAC45-20-90. Dismissal; Procedure and Authority.

A. When the director determines that the complaint (i) is not timely filed or (ii) fails to state a claim under the Act, the director shall dismiss the complaint.

B. When the director determines after investigation that there is not reasonable cause to believe that the Act has been violated, the director shall dismiss the complaint. If the complainant disagrees with the director's decision, the division can be petitioned within 10 working days for a review of the decision.

C. Upon receiving a petition for review, the division shall determine whether to:

1. Issue a final determination to the parties in accordance with § 2.2-4023 of the Code of Virginia;

2. Refer the matter to the appropriate federal agency when applicable; or

3. Hold a formal hearing in accordance with 1VAC45-20-110.

Statutory Authority

§ 2.2-520 of the Code of Virginia.

Historical Notes

Former 22VAC25-10-90 derived from VR402-01-02 § 9, eff. July 4, 1990; amended and renumbered, Volume 33, Issue 15, eff. May 5, 2017.

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