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? <br />ytµ?, ?? <br />The determination that the Agency has failed to act with reasonable <br />promptness is one that the Department will make on a case-by-case <br />basis through consultation with the Agency. Factors to be considered <br />include, but need not be limited to, the following: <br />- the subject matter; <br />- the number of aggrieved persons; <br />- the complexity of the issues involved in the complaint; <br />- the progress made by the Agency since the referral of the case; <br />- the workload and resources available to the Agency; and <br />scheduling difficulties between the Agency, the aggrieved <br />person, and the respondent. <br />(4) HUD wil] not reactivate a complaint under paragraphs (2) or (3) <br />of this subsection until the Field Office has conferred with the <br />Agency to determine the reason for the delay in processing the <br />complaint. If the Assistant Secretary believes that the Agency <br />will proceed expeditiously following the conference, the <br />Assistant Secretary may leave the complaint with the Agency <br />for a reasonable time. <br />(5) The complaint will be reactivated, if, at any time during the <br />processing of the complaint: (a) it is discovered that the <br />complaint was improperly refeired to the Agency; or (b) the <br />complaint was properly referred, but it is discovered that the <br />complaint involved exemptions or other restrictions that, if <br />known at the time of referral, would have resulted in HLTD's <br />retention of the complaint under paragraph VIII of this MOU. <br />Reactivation for untimely processing will begin from the <br />Agency's acknowledged date of receipt of the complaint. <br />C. If reactivation occurs under this subsection V. B., the Agency will not <br />receive payment for processing, unless HUD determines that failure to <br />pay would impose a significant burden on the Agency.