1. (a) Where a complaint, on its face or as amplified by statements of the complainant, discloses, or where the investigation reveals that the complaint and every portion thereof is not timely filed or otherwise fails to state a claim under the Texas Labor Code, the commission shall dismiss the complaint. This authority shall be delegated to the executive director or his or her designee by the commission.
2. (b) Where the executive director or his or her designee after an investigation has determined that there is no reasonable cause to believe that the respondent has engaged in an unlawful employment practice as alleged in the complaint, the executive director or his or her designee shall dismiss the complaint. The executive director or his or her designee shall issue a written determination in the form of a letter of determination incorporating the finding that the evidence does not support the complaint and shall serve a copy of the letter of determination on the complainant, the respondent, and other agencies as required by law and by regular mail.
3. (c) Where complainant fails to provide requested necessary information, fails or refuses to appear or to be available for interviews or conferences as necessary, or fails or refuses to provide requested necessary information for completing the complaint, the executive director or his or her designee may dismiss the complaint. Prior to dismissing the complaint, the complainant shall be notified and be given a reasonable time to respond.
4. (d) Where the complainant fails or refuses to cooperate to the extent that the commission is unable to resolve the complaint, and after due notice to which the complainant has had a reasonable time to respond, the executive director or his or her designee may dismiss the complaint.
5. (e) Where reasonable efforts have been made to locate the complainant, and the complainant has not responded in a reasonable time, the executive director or his or her designee may dismiss the complaint.
6. (f) Where a respondent has made a resolution offer which is in writing and specific in its terms, the executive director may dismiss the complaint if the complainant refuses to accept the offer, provided that the offer would afford full relief for the harm alleged by the complainant and the complainant fails to accept such an offer within a reasonable time after actual notice of the offer.
7. (g) Where the commission dismisses a complaint filed with it, the commission shall so notify in writing the complainant and the respondent by regular mail. Such notification shall inform the complainant, via certified mail, of his or her right to file a civil action against the respondent named in the complaint pursuant to the Texas Labor Code, §21.208 and §21.252. The commission shall delegate authority to issue such notifications to the executive director or his or her designee.

Source Note:The provisions of this §819.74 adopted to be effective July 5, 1994, 19 TexReg 4819; amended to be effective February 14, 1997, 22 TexReg 1333; amended to be effective June 25, 2001, 26 TexReg 4736; amended to be effective June 17, 2003, 28 TexReg 4568; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.