[Code of Federal Regulations]
[Title 45, Volume 3]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1170.52]

[Page 516-517]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER XI--NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
 
PART 1170--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES--Table of Contents
 
                         Subpart F--Enforcement
 
Sec. 1170.52  Remedial action, voluntary action, and self-evaluation.

    (a) Remedial action. (1) If the Chairman finds that a recipient has 
discriminated against persons on the basis of handicap in violation of 
section 504 or this part, the recipient shall take such remedial action 
as the Chairman deems necessary to overcome the effects of the 
discrimination.
    (2) Where a recipient is found to have discriminated against persons 
on the basis of handicap in violation of section 504 or this part and 
where another recipient exercises control over the recipient that has 
discriminated, the Chairman, where appropriate, may require either or 
both recipients to take remedial action.
    (3) The Chairman may, where necessary to overcome the effects of 
discrimination in violation of section 504 or this part, require a 
recipient to take remedial action:
    (i) With respect to handicapped persons who are no longer 
participants in the recipient's program but who were participants in the 
program when such discrimination occurred, or
    (ii) With respect to handicapped persons who would have been 
participants in the program had the discrimination not occurred.
    (b) Voluntary action. A recipient may take steps, in addition to any 
action that is required by this part, to overcome the effects of 
conditions that resulted in limited participation in the recipient's 
program or activity by qualified handicapped persons.
    (c) A recipient shall within one year of the effective date of this 
part:
    (1) Evaluate, with the assistance of interested persons, including 
handicapped persons or organizations representing handicapped persons, 
its current policies and practices and the effects thereof that do not 
or may not meet the requirements of this part;
    (2) Modify, after consultation with interested persons, including 
handicapped persons or organizations representing handicapped persons, 
any policies and practices that do not meet the requirements of this 
part;
    (3) Take, after consultation with interested persons, including 
handicapped persons or organizations representing handicapped persons, 
appropriate remedial steps to eliminate the effects of any 
discrimination that resulted from adherence to these policies and 
practices.
    (4) A recipient that employs fifteen or more persons shall maintain 
on file, make available for public inspection, and provide to the 
Endowment upon request, for at least three years following completion of 
the self-evaluation:
    (i) A list of the interested persons consulted;
    (ii) A description of areas examined and any problems identified; 
and

[[Page 517]]

    (iii) A description of any modifications made and of any remedial 
steps taken.
    (5) The completed self-evaluation should be signed by a responsible 
official designated to coordinate the recipient's efforts in connection 
with this section.