[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.4]

[Page 219]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (CONTINUED)
 
 PART 68_RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE 
 
Sec.  68.4  Complaints regarding unfair immigration-related employment 

practices.

    (a) Generally. An individual must file a charge with the Special 
Counsel within one hundred and eighty (180) days of the date of the 
alleged unfair immigration-related employment practice.
    (b) The Special Counsel shall, within one hundred and twenty (120) 
days of the date of receipt of the charge:
    (1) Determine whether there is a reasonable cause to believe the 
charge is true and whether to bring a complaint respecting the charge 
with the Chief Administrative Hearing Officer within the 120-day period; 
or,
    (2) Notify the party within the 120-day period that the Special 
Counsel will not file a complaint with the Chief Administrative Hearing 
Officer within the 120-day period.
    (c) The charging individual may file a complaint directly with the 
Chief Administrative Hearing Officer within ninety (90) days after the 
date of receipt of notice that the Special Counsel will not be filing a 
complaint within the 120-day period. However, the Special Counsel's 
failure to file a complaint within the 120-day period will not affect 
the right of the Special Counsel to investigate the charge or bring a 
complaint within the 90-day period.

[Order No. 1534-91, 56 FR 50053, Oct. 3, 1991]