Section 320.500  Dismissal

a)         The Department shall serve upon the parties a written notice of dismissal of all or part of a complaint.  The dismissal notice shall state the grounds for dismissal and that the complainant may obtain review by filing a request for review under Subparts F and G of this Part within 15 calendar days after the dismissal notice.  The dismissal notice shall also advise the complainant of the right to bring a private action within 3 years from the date the employee learned of the underpayment.

b)         The dismissal may be based on, but not limited to, lack of reasonable cause that a violation under the Act occurred, lack of jurisdiction or complainant’s failure to proceed pursuant to Section 320.310(f).  The notice of dismissal shall specify the manner in which the complainant has failed to proceed.