What happens if a recipient fails to issue a Notice of Final Action within 90 days of the date on which a complaint was filed?

29 C.F.R. § 37.80
in effectEffective: 2024-07-01
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If, by the end of 90 days from the date on which the complainant filed the complaint, the recipient has failed to issue a Notice of Final Action, the complainant or his/her representative may file a complaint with the Director within 30 days of the expiration of the 90-day period. In other words, the complaint must be filed with the Director within 120 days of the date on which the complaint was filed with the recipient.

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