[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: 44CFR7.942]



[Page 77]

 

              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 E_Nondiscrimination on the Basis of Age in Programs or 

       Activities Receiving Federal Financial Assistance From FEMA

 

Sec. 7.942  Mediation.



    (a) FEMA will promptly refer to a mediation agency designated by the 

Director all sufficient complaints that:

    (1) Fall within the jurisdiction of the Act and this regulation, 

unless the age distinction complained of is clearly within an exception; 

and,

    (2) Contain all information necessary for further processing.

    (b) Both the complainant and the recipient shall participate in the 

mediation process to the extent necessary to reach an agreement or for 

the mediator to make an informed judgment that an agreement is not 

possible.

    (c) If the complainant and the recipient reach an agreement, the 

mediator shall prepare a written statement of the agreement and have the 

complainant and the recipient sign it. The mediator shall send a copy of 

the agreement to FEMA. FEMA will take no further action on the complaint 

unless the complainant or the recipient fails to comply with the 

agreement.

    (d) The mediator shall protect the confidentiality of all 

information obtained in the course of the mediation process. No mediator 

shall testify in any adjudicative proceeding, produce any document, or 

otherwise disclose any information obtained in the course of the 

mediation process without prior approval of the head of the mediation 

agency.

    (e) The mediation will proceed for a maximum of 60 days after a 

complaint is filed with FEMA. Mediation ends if:

    (1) Sixty days elapse from the time the complaint is filed; or

    (2) Prior to the end of that 60 day period, an agreement is reached; 

or

    (3) Prior to the end of that 60 day period, the mediator determines 

that an agreement cannot be reached. This 60 day period may be extended 

by the mediator, with the concurrence of FEMA, for not more than 30 days 

if the mediator determines agreement will likely be reached during such 

extended period.

    (f) The mediator shall return unresolved complaints to FEMA.