[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR7.11]



[Page 68-69]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 7_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

--Table of Contents

 

      Subpart A_Nondiscrimination in FEMA-Assisted Programs_General

 

Sec. 7.11  Conduct of investigations.



    (a) Periodic compliance reviews. The responsible agency official or 

his designee shall from time to time review



[[Page 69]]



the practices of recipients to determine whether they are complying with 

this regulation.

    (b) Complaints. Any person who believes himself or any specific 

class of individuals to be subjected to discrimination prohibited by 

this regulation may by himself or by a representative file a written 

complaint with the National Headquarters or any Regional Office of the 

Federal Emergency Management Agency. A complaint must be filed not later 

than 180 days from the date of the alleged discrimination, unless the 

time for filing is extended by the responsible agency official or his 

designee.

    (c) Investigations. The responsible agency official or his designee 

will make a prompt investigation whenever a compliance review, report, 

complaint, or any other information indicates a possible failure to 

comply with this regulation. The investigation should include, where 

appropriate, a review of the pertinent practices and policies of the 

recipient, the circumstances under which the possible noncompliance with 

this regulation occurred, and other factors relevant to a determination 

as to whether the recipient has failed to comply with this regulation.

    (d) Resolution of matters. (1) If an investigation pursuant to 

paragraph (c) of this section indicates a failure to comply with this 

regulation, the responsible agency official or his designee will so 

inform the recipient and the matter will be resolved by informal means 

whenever possible. If it has been determined that the matter cannot be 

resolved by informal means, action will be taken as provided for in 

section 12.

    (2) If an investigation does not warrant action pursuant to 

paragraph (d)(1) of this section the responsible agency official or his 

designee will so inform the recipient and the complainant, if any, in 

writing.

    (e) Intimidatory or retaliatory acts prohibited. No recipient or 

other person shall intimidate, threaten, coerce, or discriminate against 

any individual for the purpose of interfering with any right or 

privilege secured by section 601 of the Act or this regulation, or 

because he has made a complaint, testified, assisted, or participated in 

any manner in an investigation, proceeding, or hearing under this 

regulation. The identity of complainants shall be kept confidential 

except to the extent necessary to carry out the purposes of this 

regulation, including the conduct of any investigation, hearing, or 

judicial proceeding arising thereunder.



[30 FR 321, Jan. 9, 1965. Redesignated at 45 FR 44575, July 1, 1980, and 

further redesignated at 55 FR 23078, June 6, 1990, as amended at 64 FR 

38309, July 16, 1999]