[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR27.11]

[Page 319-320]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 27_NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
                            Subpart A_General
 
Sec.  27.11  Remedial action, voluntary action and compliance planning.

    (a) Remedial action. (1) If the responsible Departmental official 
finds that a qualified handicapped person has been excluded from 
participation in, denied the benefits of, or otherwise subjected to 
discrimination under, any program or activity in violation of this part, 
the recipient shall take such remedial action as the responsible 
Departmental official deems necessary to overcome the effects of the 
violation.
    (2) Where a recipient is found to have violated this part, and where 
another recipient exercises control over the recipient that has violated 
this part, the responsible Departmental official, where appropriate, may 
require either or both recipients to take remedial action.
    (3) The responsible Departmental official may, where necessary to 
overcome the effects of a violation of 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 or activity but who were 
participants in the program or activity when such discrimination 
occurred, and
    (ii) With respect to handicapped persons who would have been 
participants in the program or activity 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 assure the full participation 
in the recipient's program or activity by qualified handicapped persons.
    (c) Compliance planning. (1) A recipient shall, within 90 days from 
the effective date of this part, designate and forward to the head of 
any operating administration providing financial assistance, with a copy 
to the responsible Departmental official the names, addresses, and 
telephone numbers of the persons responsible for evaluating the 
recipient's compliance with this part.
    (2) A recipient shall, within 180 days from the effective date of 
this part, after consultation at each step in paragraphs (c)(2) (i)-
(iii) of this section with interested persons, including handicapped 
persons and organizations representing the handicapped:

[[Page 320]]

    (i) Evaluate its current policies and practices for implementing 
these regulations, and notify the head of the operating administration 
of the completion of this evaluation;
    (ii) Identify shortcomings in compliance and describe the methods 
used to remedy them;
    (iii) Begin to modify, with official approval of recipient's 
management, any policies or practices that do not meet the requirements 
of this part according to a schedule or sequence that includes 
milestones or measures of achievement. These modifications shall be 
completed within one year from the effective date of this part;
    (iv) Take appropriate remedial steps to eliminate the effects of any 
discrimination that resulted from previous policies and practices; and
    (v) Establish a system for periodically reviewing and updating the 
evaluation.
    (3) A recipient shall, for at least three years following completion 
of the evaluation required under paragraph (c)(2) of this section, 
maintain on file, make available for public inspection, and furnish upon 
request to the head of the operating administration:
    (i) A list of the interested persons consulted;
    (ii) A description of areas examined and any problems indentified; 
and
    (iii) A description of any modifications made and of any remedial 
steps taken.

[44 FR 3l468, May 31, l979, as amended at 68 FR 51390, Aug. 26,2003]