1 Va. Admin. Code § 45-20-94

Current through Register Vol. 41, No. 8, December 2, 2024

Section 1VAC45-20-94 - Reasonable cause determination; procedure and authority

A. When the director determines after investigation that there is reasonable cause to believe that the Act has been violated, the director shall issue a final determination to the parties stating that based on and limited to the evidence obtained by the division, reasonable cause existed to believe that an unlawful discriminatory employment practice has occurred.

B. The division will immediately offer the parties an opportunity to settle the matter in accordance with 1VAC45-20-96. If the parties are unable to conciliate this matter in a timely fashion, the director shall promptly dismiss the matter, notify the parties of the dismissal in writing by a delivery service that verifies receipt, and issue a notice of right to sue to the charging party.

C. The division may, on its own initiative, reconsider a final determination of reasonable cause within 10 business days from the date the reasonable cause determination was issued. If the division decides to reconsider a reasonable 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 reasonable cause determination and shall revoke the charging party's notice of right to sue. After reconsideration, the division shall issue a new 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.

1 Va. Admin. Code § 45-20-94

Adopted, Virginia Register Volume 37, Issue 03, eff. 10/28/2020.

Statutory Authority: 2.2-520 of the Code of Virginia.