[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR32.45]

[Page 327-328]
 
                             TITLE 29--LABOR
 
PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
                          Subpart D--Procedures
 
Sec. 32.45  Investigations.

    (a) Periodic compliance reviews. The Assistant Secretary shall from 
time-to-time review the practices of recipients to determine whether 
they are complying with this part.
    (b) Adoption of grievance procedures. A recipient shall adopt an 
internal review procedure incorporating appropriate due process 
standards which provides for the prompt and equitable resolution of 
complaints alleging any action prohibited by this part. The complainant 
or his or her representative shall file the complaint with the recipient 
for processing under those procedures. A complaint must be filed not 
later than 180 days from the date of the alleged discrimination, unless 
the time for filing is extended by the Assistant Secretary for good 
cause shown. The recipient shall maintain records on all complaints 
filed alleging violation of the Act and shall make such records 
available to the Assistant Secretary upon request. The complaint and all 
actions take thereunder shall be kept confidential by the recipient. If 
the complaint has not been resolved under those procedures 
satisfactorily to the complainant within 60 days of the filing or 
referral, the complainant or his or her representative may file a 
complaint with the Assistant Secretary within 30 days of the recipient 
level decision or 90 days from the date of filing the complaint, 
whichever is earlier. Upon such filing, the Assistant Secretary will 
proceed as provided in this section. Exhaustion of recipient level 
procedures shall be required except where:
    (1) The recipient has not acted within the timeframe specified in 
this section; or
    (2) The recipient's procedures are not in compliance with this 
section; or
    (3) An emergency situation is determined to exist by the Assistant 
Secretary.
    (c) Complaints. Where recipient level procedures have been 
exhausted, any person who believes he or she or any specific class of 
individuals has been subjected to discrimination prohibited by this part 
may (or through an authorized representative) file a written complaint 
with the Assistant Secretary.

[[Page 328]]

    (d) Contents of complaints. Complaints must be signed by the 
complainant or his or her authorized representative and must contain the 
following information:
    (1) Name and address (including telephone or TTY number) of the 
complainant;
    (2) Name and address of the recipient or sub-grantee who committed 
the alleged violation;
    (3) A description of the act or acts considered to be a violation;
    (4) A statement that the individual is handicapped or has a history 
of a handicap or other documentation of impairment or was regard by the 
recipient as having an impairment; and
    (5) Other pertinent information available which will assist in the 
investigation and resolution of the complaint.
    (e) Incomplete information. Where a complaint contains incomplete 
information, the Assistant Secretary shall seek the needed information 
or any other information which indicates a possible failure to comply 
with this part from the complainant and shall be responsible for 
developing a complete record. If such information is not provided within 
60 days, the complaint may be closed upon notice to the parties.
    (f) Resolution of matters. Where an investigation indicates that the 
recipient has not complied with the requirements of the Act or this 
part, efforts shall be made to secure compliance through conciliation 
and persuasion within a reasonable time. Before the recipient or 
subgrantee can be found to be in compliance, it must make a specific 
commitment, in writing, to take corrective action to meet the 
requirements of the Act and this part. The commitment must indicate the 
precise action to be taken and dates for completion. The time period 
allowed should be no longer than the minimum period necessary to effect 
such changes. Upon approval of such commitment by the Assistant 
Secretary, the recipient may be considered in compliance on condition 
that the commitments are kept. Where the investigation indicates a 
violation of the Act or regulations in this part (and the matter has not 
been resolved by informal means), the Assistant Secretary shall afford 
the recipient an opportunity for a hearing in accordance with 
Sec. 32.47.
    (g) Intimidatory or retaliatory acts prohibited. The sanctions and 
penalties contained in this regulation may be exercised by the Assistant 
Secretary against any recipient or sub-grantee who fails to take all 
necessary steps to ensure that no person intimidates, threatens, coerces 
or discriminates against any individual for the purpose of interfering 
with the filing of a complaint, furnishing information, or assisting or 
participating in any manner in an investigation, compliance review, 
hearing, or any other activity related to the administration of the Act.