[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR6.170]

[Page 125-126]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 6_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 
 
Sec. 6.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the Commission.
    (b) The Commission 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). The Commission shall apply the same procedures to process 
complaints alleging violations of section 508. Complaints alleging a 
violation of section 508 may not be filed with respect to any exempted 
matters as described in Sec. 6.152(c) of this chapter, and may be filed 
only with respect to electronic and information technology procured by 
the Commission on or after June 21, 2001.
    (c) Responsibility for implementation and operation of this section 
is vested in the Director of Equal Employment Opportunity.
    (d)(1) A complete complaint under this section may be filed by any 
person who believes that he or she or any specific class of persons of 
which he or she is a member has been subjected to discrimination 
prohibited by this part. The complaint may also be filed by an 
authorized representative of any such person.
    (2) The complaint must be filed within 180 days of the alleged act 
of discrimination unless the Director of Equal Employment Opportunity 
extends the time period for good cause.
    (3) The complaint must be addressed to the Director of Equal 
Employment Opportunity, Federal Trade Commission, 600 Pennsylvania 
Avenue, NW., Washington, DC 20580.
    (e) If the Director of Equal Employment Opportunity receives a 
complaint over which the Commission does not have jurisdiction, he or 
she shall promptly notify the complainant and shall make reasonable 
efforts to refer the complaint to the appropriate Government entity.
    (f) The Director of Equal Employment Opportunity 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)(1) The Director of Equal Employment Opportunity shall accept and 
investigate a complete complaint that is filed in accordance with 
paragraph (d) of this section and over which the Commission has 
jurisdiction.
    (2) If the Director of Equal Employment Opportunity receives a 
complaint that is not complete (see Sec. 6.103), he or she shall, 
within 30 days thereafter, notify the complainant that additional 
information is needed. If the complainant fails to complete the 
complaint within 30 days of the date of the Director's notice, the 
Director of Equal Employment Opportunity may dismiss the complaint 
without prejudice.
    (h) Within 180 days of the receipt of a complete complaint over 
which the Commission has jurisdiction, the Director of Equal Employment 
Opportunity shall notify the complainant of the results of the 
investigation in a letter containing--

[[Page 126]]

    (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 to the Commission's General 
Counsel.
    (i)(1) An appeal under this section must be filed within 90 days of 
the complainant's receipt of the letter under paragraph (h) of this 
section unless the General Counsel extends the time period for good 
cause.
    (2) The appeal must be addressed to the General Counsel, Federal 
Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580.
    (3) The appeal shall specify the questions raised by the appeal and 
the arguments on the points of fact and law relied upon in support of 
the position taken on each question; and it shall include copies of the 
complaint filed under paragraph (d) of this section and the letter by 
the Director of Equal Employment Opportunity under paragraph (h) of this 
section as well as any other material relied upon in support of the 
appeal.
    (j) The General Counsel shall notify the complainant of the results 
of the appeal within 60 days of the receipt of the appeal. If the 
General Counsel determines that additional information is needed from 
the complainant, the General Counsel shall have 60 days from the date of 
receipt of the additional information to make a final determination on 
the appeal. The General Counsel may submit the appeal to the Commission 
for final determination provided that any final determination of the 
appeal is made by the Commission within the 60-day period specified by 
this paragraph.
    (k) The time limits specified by paragraphs (h) and (j) of this 
section may be extended by the Chairman for good cause.
    (l) The Commission 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.

[52 FR 45628, Dec. 1, 1987, as amended at 66 FR 51864, Oct. 11, 2001]