§  7.20   Review and disposition of informal complaints.

   (a) Where it appears from the defendant's answer, or from other
   communications with the parties, that an informal complaint has been
   satisfied, the Commission may, in its discretion, consider the informal
   complaint closed, without response to the complainant or defendant. In
   all other cases, the Commission shall inform the parties of its review
   and disposition of a complaint filed under this subpart. Where
   practicable, this information, the nature of which is specified in
   paragraphs (b) through (d) of this section, shall be transmitted to the
   complainant and defendant in the manner requested by the complainant,
   (e.g., letter, facsimile transmission, telephone (voice/TRS/TTY),
   Internet e-mail, ASCII text, audio-cassette recording, or braille).

   (b) In the event the Commission determines, based on a review of the
   information provided in the informal complaint and the defendant's
   answer thereto, that no further action is required by the Commission
   with respect to the allegations contained in the informal complaint,
   the informal complaint shall be closed and the complainant and
   defendant shall be duly informed of the reasons therefor. A complainant
   unsatisfied with the defendant's response to the informal complaint and
   the staff decision to terminate action on the informal complaint may
   file a formal complaint with the Commission, as specified in §  7.22 of
   this subpart.

   (c) In the event the Commission determines, based on a review of the
   information presented in the informal complaint and the defendant's
   answer thereto, that a material and substantial question remains as to
   the defendant's compliance with the requirements of this subpart, the
   Commission may conduct such further investigation or such further
   proceedings as may be necessary to determine the defendant's compliance
   with the requirements of this subpart and to determine what, if any,
   remedial actions and/or sanctions are warranted.

   (d) In the event that the Commission determines, based on a review of
   the information presented in the informal complaint and the defendant's
   answer thereto, that the defendant has failed to comply with or is
   presently not in compliance with the requirements of this subpart, the
   Commission may order or prescribe such remedial actions and/or
   sanctions as are authorized under the Act and the Commission's rules
   and which are deemed by the Commission to be appropriate under the
   facts and circumstances of the case.

   return arrow Back to Top