[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR107.40]

[Page 681-682]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 107_NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER 
EXECUTIVE ORDER 11063--Table of Contents
 
Sec. 107.40  Compliance meeting.

    (a) Where preliminary analysis of a complaint, a compliance review 
initiated by the Assistant Secretary for FH&EO, or other information 
indicates a possible violation of E.O. 11063, or this part, the person 
allegedly in violation (respondent) shall be sent a Notice of Compliance 
Meeting and requested to attend a compliance meeting. The Notice shall 
advise the respondent of the matters to be addressed in the Compliance 
Meeting and the allegations contained in a complaint received pursuant 
to Sec. 107.35. The purpose of the compliance meeting is to provide the 
respondent with the opportunity to address matters raised and to remedy 
such possible violations speedily and informally, to identify possible 
remedies; and to effect a resolution as provided in Sec. 107.45.
    (b) The Notice of Compliance Meeting shall be sent to the last known 
address of the person allegedly in violation, by certified mail, or 
through personal service. The Notice will advise such person of the 
right to respond within seven (7) days to the matters and to submit 
information and relevant data evidencing compliance with E.O. 11063, the 
Affirmative Fair Housing Marketing Regulations, 24 CFR 200.600, the Fair 
Housing Poster Regulations, 24 CFR part 110, the Advertising Guidelines 
for Fair Housing, 37 FR 6700, April 1, 1972, other affirmative marketing 
requirements applicable to the program or activity and any revisions 
thereto. Further, the person will be offered an opportunity to be 
present at the meeting in order to submit any other evidence showing 
such compliance. The date, place, and time of the scheduled meeting will 
be included in the Notice.
    (c) Whenever a compliance meeting is scheduled as a result of a 
complaint, the complainant shall be sent a copy of the Notice of 
Compliance Meeting and shall be provided an opportunity to attend the 
meeting.
    (d) The Area Office having jurisdiction over the program will 
prepare a report concerning the status of the respondent's participation 
in Department programs to be presented to the respondent at the meeting. 
The Area Manager shall be notified of the meeting and may attend the 
meeting.
    (e) At the Compliance Meeting the respondent and the complainant may 
be represented by counsel and shall

[[Page 682]]

have a fair opportunity to present any matters relevant to the 
complaint.
    (f) During and pursuant to the Compliance Meeting, the Director of 
the Office of Regional FH&EO shall consider all evidence relating to the 
alleged violation, including any action taken by the person allegedly in 
violation to comply with E.O. 11063.
    (g) If the evidence shows no violation of the Executive order or 
this part, the Director of the Office of Regional FH&EO shall so notify 
the person(s) involved within ten (10) days of the meeting. A copy of 
this notification shall be sent to the complainant, if any, and shall be 
submitted to the Assistant Secretary for FH&EO.
    (h) If the evidence indicates an apparent failure to comply with the 
Executive order or this part, and the matter cannot be resolved 
informally pursuant to Sec. 107.45, the Director of the Office of 
Regional FH&EO shall so notify the respondent and the complainant, if 
any, no later than ten (10) days after the date on which the compliance 
meeting is held, in writing by certified mail, return receipt requested, 
and shall advise the complainant, if any, and the respondent whether the 
Department will conduct a compliance review pursuant to Sec. 107.50 or, 
where appropriate, refer the matter to the Assistant Secretary for FH&EO 
for possible imposition of sanctions. A copy of this notification shall 
be submitted to the Assistant Secretary for FH&EO. The compliance review 
shall be conducted to determine whether the respondent has complied with 
the provisions of E.O. 11063, title VIII of the Civil Rights Act of 
1968, Department regulations and the Department's Affirmative Fair 
Housing Marketing requirements.
    (i) If the respondent fails to attend a compliance meeting scheduled 
pursuant to this section, the Director of the Office of Regional FH&EO 
shall notify the respondent no later than ten (10) days after the date 
of the scheduled meeting, in writing by certified mail, return receipt 
requested, as to whether the Department will conduct a compliance review 
or, where appropriate, refer the matter to the Assistant Secretary for 
FH&EO for possible imposition of sanctions. A copy of this notification 
shall be submitted to the Assistant Secretary for FH&EO and sent to the 
complainant, if any.