[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1154.170]

[Page 302-303]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
   PART 1154--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD--Table of Contents
 
Sec. 1154.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies

[[Page 303]]

to all allegations of discrimination on the basis of handicap in 
programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) Responsiblity for implementation and operation of this section 
shall be vested in the Equal Employment Opportunity Director.
    (d) Complaints may be delivered or mailed to the Equal Employment 
Opportunity Director, ATBCB, 330 C Street, SW., Rm. 1010, Washington, DC 
20202.
    (e) The agency shall accept and investigate all complete complaints 
over which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (f) If the Equal Employment Opportunity Director receives a 
complaint that is not complete, he or she shall notify the complainant, 
within 30 days of receipt of the incomplete complaint, that additional 
information is needed. If the complainant fails to complete the 
complaint within 30 days of receipt of this notice, the Equal Employment 
Opportunity Director shall dismiss the complaint without prejudice, and 
shall notify the complainant of such dismissal.
    (g) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (h) The agency shall notify the Director of the Compliance and 
Enforcement Division of any complaint alleging that a building or 
facility is not readily accessible to and usable by handicapped persons. 
The Director of the Compliance and Enforcement Division shall determine 
whether or not the building or facility is subject to the Architectural 
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), or section 502 
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 792).
    (i) Within 180 days of the receipt of a complete complaint over 
which it has jurisdiction, the agency shall notify the complainant of 
the results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (j) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 1154.170(g). The agency may 
extend this time for good cause.
    (k) Timely appeals shall be accepted and processed by the head of 
the agency.
    (l) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he/she shall have 60 days from the date of receipt 
of the additional information to make his/her determination on the 
appeal.
    (m) The time limits cited in paragraphs (i) and (l) of this section 
may be extended with the permission of the Assistant Attorney General.
    (n) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.