[Code of Federal Regulations]
[Title 7, Volume 1, Parts 1 to 26]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR18.5]

[Page 446-447]
 
                          TITLE 7--AGRICULTURE
 
PART 18--EQUAL EMPLOYMENT OPPORTUNITY IN THE STATE COOPERATIVE EXTENSION SERVICES--Table of Contents
 
Sec. 18.5  Formal complaint procedure.

    A procedure shall be provided for the filing of a formal written 
complaint if a complainant is not satisfied with the result of informal 
procedure or if the complainant does not desire to follow the informal 
procedure. A complaint procedure shall contain the following minimum 
provisions for the processing of formal complaints.
    (a) Elements of the formal complaint. The formal complaint shall be 
in writing and state the name and address of the complainant; the basis 
of the claim; and indicate whether the alleged discrimination was based 
on race, color, national origin, sex, or religion.
    (b) Time limits for processing. The procedure will include time 
limits for the orderly processing of complaints.
    (c) Who may file. A complaint may be filed by an employee, a former 
employee, or an applicant for employment who believes that 
discrimination in employment has been practiced against him or that an 
employment practice in the Cooperative Extension Service has or will 
result in discrimination in employment against him. An employee, a 
former employee, or an applicant for employment, or an organization may 
file a complaint of general discriminatory practices: Provided, however, 
That upon request of the President, the complainant shall furnish to him 
names of individuals who are adversely affected by those practices.
    (d) Right of representation. A complainant may designate in writing, 
an individual or an organization to represent him in the processing of 
his complaint, and is entitled to the advice of counsel at his expense 
at all stages

[[Page 447]]

of the proceeding. If the representative designated by the complainant 
is an employee of the U.S. Department of Agriculture, or of a 
Cooperative Extension Service, such employee, as well as an employee-
complainant, shall have a reasonable amount of official time with pay, 
if he is in a pay status, for the purpose of appearing at any hearing on 
the complaint or conciliation effort. The rights and privileges set 
forth in this paragraph shall also be available to any person whose 
alleged conduct is the cause of the complaint.
    (e) Where filed. The procedure shall clearly state the persons, and 
their locations, with whom complaints may be filed. It shall also state 
that complaints may be filed with the Secretary. Complaints filed with 
the Secretary shall be promptly forwarded to the President or his 
designee for processing.
    (f) When filed. A complaint shall be submitted within 90 days of the 
conduct giving rise to the complaint. The President may extend the 
prescribed time limit for good cause shown by the complainant.
    (g) Hearing. A complainant or the President may request a hearing 
which shall be transcribed or recorded. The hearing shall be conducted 
promptly during regular working hours in the county where the alleged 
discrimination occurred or at a time and place agreed to by the 
President and the complainant. The President, the complainant and any 
person whose alleged conduct is the cause of the complaint shall have 
the right to call and cross-examine witnesses under oath. The hearing 
shall be provided by the President, and shall be conducted by an 
impartial board or hearing officer who shall promptly submit a proposed 
decision including findings of fact, conclusions, and recommendations 
for action to the President.
    (h) Decision by the President. The President shall review the entire 
file on the complaint, including the record of the hearing if a hearing 
was held, and shall promptly:
    (1) Remand to the hearing board or officer for further action; or
    (2) Make a decision on the complaint; or
    (3) Otherwise dispose of the complaint.

The President shall notify the complainant of his decision or 
disposition.

[33 FR 12173, Aug. 29, 1968, as amended at 38 FR 14154, May 30, 1973]