[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: 24CFR41.5]

[Page 361]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 41_POLICIES AND PROCEDURES FOR THE ENFORCEMENT OF STANDARDS AND 
 
Sec. 41.5  Achieving compliance.

    (a) Examinations and inspections. If, for any project, an Assistant 
Secretary requires Departmental architectural and engineering 
examinations of drawings and specifications or other construction 
documents or requires Departmental architectural and engineering 
inspections during or upon completion of construction, those 
examinations and inspections shall include a determination of compliance 
with standards and requirements for accessibility referenced in this 
part.
    (b) Periodic compliance reviews. The Secretary, in consultation with 
the appropriate Assistant Secretary, shall conduct surveys and 
investigations as deemed appropriate to achieve compliance with 
standards or requirements subject to this part.
    (c) Complaints. Any interested person who has reason to believe that 
there has been noncompliance with standards or requirements subject to 
this part, may, by himself or herself, or by a representative, file a 
written complaint with the responsible Department Official or with the 
Architectural and Transportation Barriers Compliance Board, Washington, 
DC 20201.
    (d) Investigations. The Secretary shall, after consultation with the 
appropriate Assistant Secretary, make a prompt investigation whenever a 
compliance review, report, complaint, or any other information indicates 
a possible failure to comply with standards or requirements subject to 
this part. The investigation should include a determination of the 
authority under which the standards or requirements were imposed and, 
where appropriate, a review of the records kept pursuant to 24 CFR 40.6; 
the circumstances under which the building of facility was designed, 
constructed or altered; and other factors relevant to a determination as 
to whether there has been noncompliance with this part.
    (e) Resolution of matters. (1) If any examination, inspection, 
periodic compliance review, complaint, or investigation pursuant to this 
section indicates a failure to comply with the applicable standards or 
requirements, the Secretary shall attempt to gain voluntary compliance 
whenever possible.
    (2) If it has been determined that voluntary compliance cannot be 
achieved, the Secretary shall refer the matter to the appropriate 
Assistant Secretary for action pursuant to his or her program authority 
regarding the residential structure or other building or facility under 
investigation, to achieve compliance with the requirements subject to 
this part. The Assistant Secretary shall report to the Secretary within 
30 days of the date of such referral regarding the action taken and the 
schedule and means of achieving compliance, except that the Secretary 
may specify a shorter or longer reporting period, as deeded appropriate.

    (f) Disposition of unresolved complaints. Unresolved complaints 
shall be referred to the Architectural and Transportation Barriers 
Compliance Board to be processed in accordance with 36 CFR part 1150. A 
complaint shall be deemed unresolved if it is not resolved within 90 
days of the date of the filing of the complaint with the Department.

    (g) Compliance action by other individuals. Individuals other than 
the Secretary may receive complaints and undertake other appropriate 
actions to achieve compliance with requirements subject to this part, so 
long as initial notification of such complaints or proposed actions is 
given both to the Secretary and the appropriate Assistant Secretary.