[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: 49CFR28.170]

[Page 334-335]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 28_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS 
OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF TRANSPORTATION--Table of Contents
 
Sec.  28.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, paragraphs 
(c)-(k) of this section apply to all allegations of discrimination on 
the basis of handicap in programs of activities conducted by the 
Department;
    (b)(1) The Department 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).
    (2) The Department shall process complaints alleging violations of 
section 504 with respect to requirements of any Department safety 
regulation, concerning an individual's qualifications to perform a 
function or to receive a certificate or license, according to the 
procedures for a petition for an individual waiver or request for review 
of a standard for possible amendment or recession. The Departmental 
element shall inform the complainant, in writing, or the decision on the 
request. The complainant may request reconsideration by the Departmental 
element of the decision. The decision on the petition or request shall 
constitute the Department's final action in the matter.
    (c) Responsibility for implementation and operation of this section 
shall be vested in the Director, Departmental Office of Civil Rights.
    (d)(1) The Department shall accept and investigate all complete 
complaints for which it has jurisdiction. All complete complaints must 
be filed within 180 days of the alleged act of discrimination. The 
Department may extend this time period for good cause.
    (2) If the subject matter of a complete complaint concerns a 
decision by a Departmental element, under a safety regulation, 
concerning an individual's qualifications to perform a function or to 
receive a certificate or license, and the complainant has available 
within the Departmental element a formal review or appeal mechanism 
concerning that decision, the Department shall not take action on the 
complaint until the Departmental element's review or appeal process has 
been completed.
    (e) If the Department 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.
    (f) The Department shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to 
and usable by individuals with handicaps.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the Department 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.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be

[[Page 335]]

filed by the complainant within 90 days of receipt from the Department 
of the letter required by Sec.  28.170(g). The Department may extend 
this time for good cause.
    (i) Timely appeals shall be accepted and processed by the Assistant 
Secretary for Transportation Policy. The appeal will not be heard by the 
same person who made the initial determination on the request. The 
decision on the appeal shall constitute the Department's final action in 
the matter.
    (j) The Department shall notify the complainant of the results of 
the appeal within 60 days of the receipt of the request. If the 
Department determines that it needs additional information from the 
complainant, it shall have 60 days from the date it receives the 
additional information to make its determination on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The Department 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.

[56 FR 37296, Aug. 6, 1991, as amended at 59 FR 10061, Mar. 3, 1994]