(a) When the Commission determines that an agency or authority meets the criteria outlined in section 706(c) of title VII and § 1601.70, the Commission shall so notify the agency by letter and shall notify the public by publication in the Federal Register of an amendment to § 1601.74.
(b) Where the Commission determines that an agency or authority does not come within the definition of a FEP agency for purposes of a particular basis of discrimination or where the agency or authority applies for designation as a Notice Agency, the Commission shall notify that agency or authority of the filing of charges for which the agency or authority is not a FEP agency. For such purposes that State or local agency will be deemed a Notice Agency.
(c) Where the Chair becomes aware of events which lead him or her to believe that a deferral Agency no longer meets the requirements of a FEP agency and should no longer be considered a FEP agency, the Chair will so notify the affected agency and give it 15 days in which to respond to the preliminary findings. If the Chair deems necessary, he or she may convene a hearing for the purpose of clarifying the matter. The Commission shall render a final determination regarding continuation of the agency as a FEP agency.
[45 FR 33606, May 20, 1980, as amended at 47 FR 53733, Nov. 29, 1982. Redesignated at 56 FR 9625, Mar. 7, 1991; 60 FR 46220, Sept. 6, 1995; 85 FR 65219, Oct. 15, 2020]
Notes of Decisions
Ayala-Gonzalez v. Toledo Dávila, 623 F. Supp. 2d 181 (D.P.R. 2009).
“For these types of charges it shall be deemed a "Notice Agency,” pursuant to 29 CFR 1601.71(b). See also 49 Federal Register 6368-2 (February 21, 1984): "The Commission [EEOC] has determined that the Illinois Department of Human Rights and the Puerto Rico Department of Labor and…”
Marrero Rivera v. Dep't of Just., 821 F. Supp. 65 (D.P.R. 1993).
“12(a)(2) at 9A-24 (1992); see also 29 C.F.R. § 1601.71 (b). This means that the submission of the charge to local scrutiny only adds 120 days to the existent 180-day statute of limitations for filing with the EEOC if the local agency is a state deferral agency.”
Mason v. K Mart Corp., 1 F. Supp. 2d 1333 (M.D. Fla. 1998).
“” 29 C.F.R. § 1601.71 . The EEOC goes to great lengths to designate any FEP agency that falls into this “Notice Agency” category by footnoting the forms of discrimination not covered by that agency.”
Cole v. TCI Media Servs., 35 F. App'x 342 (9th Cir. 2002).
“…may be provided by Ninth Circuit Rule 36-3. . Both Washington and Idaho are both deferral states with FEP agencies. 29 C.F.R. §§ 1601.71 , 1601.80.”
— 29 C.F.R. § 1601.71(b) — 1 case
Ayala-Gonzalez v. Toledo Dávila, 623 F. Supp. 2d 181 (D.P.R. 2009).
“For these types of charges it shall be deemed a "Notice Agency,” pursuant to 29 CFR 1601.71(b). See also 49 Federal Register 6368-2 (February 21, 1984): "The Commission [EEOC] has determined that the Illinois Department of Human Rights and the Puerto Rico Department of Labor and…”
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