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

1VAC45-20-92. No reasonable cause determinations; procedure and authority.

A. 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 and issue the complainant a notice of right to sue. If the matter falls under the jurisdiction of a federal law, the director shall then immediately refer the matter to the appropriate federal agency for further processing.

B. The division will provide the parties a copy of its written no cause determination by a delivery service with proof of receipt.

C. The division may, on its own initiative, reconsider a final determination of no cause within 10 business days from the date of the no cause determination was issued. If the division decides to reconsider a no cause determination, it shall promptly issue a notice of intent to reconsider to all parties to the charge. Such notice of intent to reconsider shall vacate the no cause determination and shall revoke the complainant's notice of right to sue. After reconsideration, the division shall issue a new final determination and shall, if appropriate, include a new notice of right to sue under which the 90-day period begins upon the date the new determination was issued.

Statutory Authority

§ 2.2-520 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 3, eff. October 28, 2020.

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