[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR160.312]

[Page 708]
 
                        TITLE 45--PUBLIC WELFARE
 
                    SUBTITLE A--DEPARTMENT OF HEALTH
                         AND HUMAN SERVICES
 
PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents
 
                  Subpart C_Compliance and Enforcement
 
Sec. 160.312  Secretarial action regarding complaints and compliance reviews.

    (a) Resolution where noncompliance is indicated. (1) If an 
investigation pursuant to Sec. 160.306 or a compliance review pursuant 
to Sec. 160.308 indicates a failure to comply, the Secretary will so 
inform the covered entity and, if the matter arose from a complaint, the 
complainant, in writing and attempt to resolve the matter by informal 
means whenever possible.
    (2) If the Secretary finds the covered entity is not in compliance 
and determines that the matter cannot be resolved by informal means, the 
Secretary may issue to the covered entity and, if the matter arose from 
a complaint, to the complainant written findings documenting the non-
compliance.
    (b) Resolution when no violation is found. If, after an 
investigation or compliance review, the Secretary determines that 
further action is not warranted, the Secretary will so inform the 
covered entity and, if the matter arose from a complaint, the 
complainant in writing.