[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: 49CFR27.123]

[Page 324-325]
 
                        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 C_Enforcement
 
Sec.  27.123  Conduct of investigations.

    (a) Periodic compliance reviews. The responsible Departmental 
official or his/her designee, from time to time, reviews the practices 
of recipients to determine whether they are complying with this part.
    (b) Complaints. Any person who believes himself/herself or any 
specific class of individuals to be harmed by failure to comply with 
this part may, personally or through a representative, file a written 
complaint with the responsible Departmental official. 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 
responsible Departmental official or his/her designee.
    (c) Investigations. The responsible Departmental official or his/her 
designee makes a prompt investigation whenever a compliance review, 
report, complaint, or any other information indicates a possible failure 
to comply with this part. The investigation includes, where appropriate, 
a review of the pertinent practices and policies of the recipient, and 
the circumstances under which the possible noncompliance with this part 
occurred.
    (d) Resolution of matters. (1) If, after an investigation pursuant 
to paragraph (c) of this section, the responsible Departmental official 
finds reasonable cause to believe that there is a failure to comply with 
this part, the responsible Departmental official will inform the 
recipient. The matter is resolved by informal means whenever possible. 
If the responsible Departmental official determines that the matter 
cannot be resolved by informal means, action is taken as provided in 
Sec.  27.125.
    (2) If an investigation does not warrant action pursuant to 
paragraph (d)(1) of this section, the responsible

[[Page 325]]

Departmental official or his/her designee so informs the recipient and 
the complainant, if any, in writing.
    (e) Intimidating and retaliatory acts prohibited. No employee or 
contractor of a recipient shall intimidate, threaten, coerce, or 
discriminate against any individual for the purpose of interfering with 
any right or privilege secured by section 504 of the Act or this part, 
or because the individual has made a complaint, testified, assisted, or 
participated in any manner in an investigation, hearing, or proceeding, 
under this part. The identity of complainants is kept confidential at 
their election during the conduct of any investigation, hearing or 
proceeding under this part. However, when such confidentiality is likely 
to hinder the investigation, the complainant will be advised for the 
purpose of waiving the privilege.