Orange County NC Website
Browse       Search
1 1 <br /> 8 <br /> (1) If the respondent is a Federal, State, or <br /> local governmental Agency; <br /> (2) If the respondent has properties outside <br /> the jurisdiction in which the Agency <br /> operates; <br /> (3) If the case is systemic; or <br /> (4) If handling the case would result in a <br /> conflict of interest for the Agency. <br /> B. Reactivation <br /> The Agency and the Department agree that, except <br /> with the consent of or request for reactivation <br /> by the Agency, the Department, after referral of <br /> the complaint, shall take no further action with <br /> respect to such complaint unless: <br /> (1) The Department determines that the Agency <br /> no longer qualifies for certification; or <br /> (2) The Agency has failed to commence <br /> proceedings with respect to the complaint <br /> within 30 days of the Agency's acknomledged <br /> receipt date (in accordance with Section <br /> III (C) ) ; or <br /> (3) The Agency, having so commenced such <br /> proceedings within the 30-day period, fails <br /> to carry forward such proceedings with <br /> reasonable promptness. <br /> The determination that the Agency has failed to <br /> act with reasonable promptness is one that the <br /> Department will make on a case-by-case basis <br /> through consultation with the Agency. Factors <br /> to be considered include, but need not be <br /> limited to, the following: <br /> the subject matter; <br /> the number of aggrieved persons; <br /> the complexity of the issues involved in <br /> the complaint; <br /> the progress made by the Agency since the <br /> referral of the case; <br /> the workload and resources available to the <br /> Agency; and <br /> scheduling difficulties between the Agency, <br /> the aggrieved person, and the respondent. <br />