1. (a) For a complaint filed with the commission over which the federal government has deferred jurisdiction, timeliness of the complaint shall be measured by the date on which the complaint is received by the commission for the purpose of satisfying the filing requirements of the Texas Labor Code, §21.201.
2. (b) For a complaint deferred to the commission by the federal government, timeliness of the complaint shall be measured by the date on which the complaint is received by the federal government for the purpose of satisfying the filing requirements of the Texas Labor Code, §21.201.
3. (c) For a complaint deferred to the commission by a local commission, timeliness of the complaint shall be measured by the date on which the complaint is received by the local commission for the purpose of satisfying the filing requirements of the Texas Labor Code, §21.201.
4. (d) To encourage the maximum degree of effectiveness by local commissions, the commission shall endeavor to maintain close communication with respect to all matters forwarded to them and shall provide such assistance to local commissions as permitted by law and as is practicable.
5. (e) The Act grants a local commission the exclusive right to take appropriate action within the scope of its powers and jurisdiction to process a complaint deferred by the commission pursuant to the requirements of the Texas Labor Code, §21.155, and this chapter.
6. (f) A local commission may waive its right to the period of exclusive processing of a complaint provided by the Act with respect to any complaint or category of complaints by deferring a matter under its jurisdiction to the commission pursuant to the Texas Labor Code, §21.156.
7. (g) All complaints received by the commission subject to deferral to a local commission shall be dated and time stamped upon receipt.
8. (h) The original complaint shall be retained in a suspense file by the commission until the local commission has submitted a copy of its final determination to the commission; the commission has reassumed responsibility for the complaint after affording the local commission a reasonable time, but not less than 60 days, to remedy the practice alleged to be discriminatory in the deferred complaint; or the local commission has deferred the matter under its jurisdiction to the commission.
9. (i) A copy of a complaint received by the commission subject to deferral to a local commission shall be transmitted by registered or certified mail, return receipt requested, to the appropriate local commission. Proceedings by the local commission are deemed to have commenced on the date such complaint is mailed.
10. (j) A copy of a complaint deferred to a local commission by the federal government over which the commission has deferral jurisdiction shall be transmitted by registered or certified mail, return receipt requested, to the commission by the local commission.
11. (k) The complainant and respondent shall be notified in writing that the complaint received by the commission has been forwarded to the local commission.

12. (l) For purposes of satisfying the requirements of the Texas Labor Code, §21.155, the commission shall not assume jurisdiction over a complaint deferred to a local commission, except as follows:

    1. (1) where the local commission may defer a complaint under its jurisdiction to the commission;
    2. (2) where the complaint is received by the commission within 180 days of the alleged violation but beyond the period of limitation of the appropriate local commission;
    3. (3) where the local commission has not acted on the complaint pursuant to the requirements of the Texas Labor Code, §21.155(c), and this chapter.

Source Note:The provisions of this §819.52 adopted to be effective February 10, 1984, 9 TexReg 491; amended to be effective July 5, 1994, 19 TexReg 4817; amended to be effective February 14, 1997, 22 TexReg 1331; amended to be effective June 27, 2001, 26 TexReg 4736; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.