[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR900.407]

[Page 530-531]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 900_INTERGOVERNMENTAL PERSONNEL ACT PROGRAMS--Table of Contents
 
Subpart D_Nondiscrimination in Federally Assisted Programs in the Office 
of Personnel Management_Effectuation of Title VI of the Civil Rights Act 
                                 of 1964
 
Sec. 900.407  Conduct of investigations.

    (a) Periodic compliance reviews. OPM may from time to time review 
the practices of recipients to determine whether they are complying with 
this subpart.
    (b) Complaints. Any person who believes himself or any specific 
class of persons to be subjected to discrimination prohibited by this 
subpart may by himself or by a representative file with the Director, 
Office of Personnel Management a written complaint. A complaint shall be 
filed not later than 90 days after the date of the alleged 
discrimination, unless the time for filing is extended by OPM.
    (c) Investigations. OPM will make a prompt investigation whenever a 
compliance review, report, complaint, or other information indicates a 
possible failure to comply with this subpart. The investigation will 
include, when appropriate, a review of the pertinent practices and 
policies of the recipient, the circumstances under which the possible 
noncompliance with this subpart occurred, and other factors relevant to 
a determination as to whether the recipient has failed to comply with 
this subpart.
    (d) Resolution of matters. (1) If an investigation pursuant to 
paragraph (c) of this section indicates a failure to comply with this 
subpart, OPM will so inform the recipient and the matter will be 
resolved by voluntary means whenever possible. If it has been determined 
that the matter cannot be resolved by voluntary means, action will be 
taken as provided for in Sec. 900.408.
    (2) If an investigation does not warrant action pursuant to 
paragraph (d)(1) of this section, OPM will so inform, in writing, the 
recipient and the complainant, if any.
    (e) Intimidatory or retaliatory acts prohibited. A recipient or 
other person shall not intimidate, threaten, coerce, or discriminate 
against an individual

[[Page 531]]

for the purpose of interfering with a right or privilege secured by 
section 601 of title VI or this subpart, or because he has made a 
complaint, testified, assisted, or participated in any manner in an 
investigation, proceeding, or hearing under this subpart. The identity 
of complainants shall be kept confidential; except to the extent 
necessary to carry out the purposes of this subpart, including the 
conduct of an investigation, hearing, or judicial proceeding arising 
thereunder.