---
kind: "section"
citation: "29 C.F.R. § 102.74"
title: "29"
number: "102.74"
heading: "Complaint and formal proceedings."
url: "https://uscodex.org/cfr/29/102.74"
---

# §102.74. Complaint and formal proceedings.


If it appears to the Regional Director that the charge has merit, formal proceedings will be instituted in accordance with the procedures described in [§§ 102.15 through 102.51](/cfr/29/102.15..102.51.md), insofar as they are applicable, and insofar as they are not inconsistent with the provisions of this subpart. If it appears to the Regional Director that issuance of a complaint is not warranted, the Director will decline to issue a complaint, and the provisions of [§ 102.19](/cfr/29/102.19.md), including the provisions for appeal to the General Counsel, are applicable unless an election has been directed under §§ [102.77](/cfr/29/102.77.md) and [102.78](/cfr/29/102.78.md), in which event the provisions of [§ 102.81](/cfr/29/102.81.md) are applicable.


## Notes

### Amendments

[82 FR 11764, Feb. 24, 2017]

### Source

Source: 24 FR 9102, Nov. 7, 1959. Redesignated at 82 FR 11754, Feb. 24, 2017.

### Authority

Authority: 29 U.S.C. 151, 156. Section 102.117 also issued under 5 U.S.C. 552(a)(4)(A), and § 102.119 also issued under 5 U.S.C. 552a(j) and (k). Sections 102.143 through 102.155 also issued under 5 U.S.C. 504(c)(1).

### Source

Source: 24 FR 9102, Nov. 7, 1959, unless otherwise noted.

### Amendments

[82 FR 11764, Feb. 24, 2017]