45 C.F.R. § 1636.5
Recordkeeping Client Identity and Statement of Facts
| 1. | Pursuant to 45 C.F.R. §1636.5, the
recipient shall maintain written policies and procedures
to guide its staff in complying with 45 C.F.R. Part 1636. |
| 2. | In each case where the recipient (1)
files a complaint in a court of law or otherwise
initiates or participates in litigation against a
defendant or (2) engages in pre-complaint settlement
negotiations, the recipient shall maintain in each
client's case file the statement(s) of facts prepared
prior to the initiation of litigation or pre-complaint
negotiations in accordance with 45 C.F.R. Part 1636. |
| 3. | In each case where the recipient (1)
files a complaint in a court of law or otherwise
initiates or participates in litigation against a
defendant, but does not identify the plaintiff(s) by name
in the complaint or in a separate notice to the defendant
against whom the complaint is filed, or (2) participates
in pre-litigation settlement negotiations, but does not
identify the plaintiff(s) it represents to prospective
defendants, the recipient shall maintain in each such
client's file, documentation indicating the reason, under
§ 1636.2(a)(1), that such identification was not made. |
| 4. | If, consistent with § 1636.2, preparation and/or signing of the statement of facts is delayed because of an emergency, the recipient also shall maintain in the case file a statement of the nature of the emergency. |
