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   [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]     
Updated August 6, 2015