[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1203.7]



[Page 15-16]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1203_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS_EFFECTUATION 

OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents

 

Sec. 1203.7  Conduct of investigations.



    (a) Periodic compliance reviews. ACTION may from time to time review 

the practices of recipients to determine



[[Page 16]]



whether they are complying with this part.

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

class of persons to be subjected to discrimination prohibited by this 

part may by himself or by a representative file with ACTION a written 

complaint. A complaint shall be filed not later than 180 days after the 

date of the alleged discrimination, unless the time for filing is 

extended by ACTION.

    (c) Investigations. ACTION will make a prompt investigation whenever 

a compliance review, report, complaint, or other information indicates a 

possible failure to comply with this part. 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 part occurred, and other factors relevant to a 

determination as to whether the recipient has failed to comply with this 

part.

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

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

part, ACTION 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. 1203.8.

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

paragraph (d)(1) of this section, ACTION 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 for the purpose of interfering with a right or 

privilege secured by section 601 of title VI of this part, or because he 

has made a complaint, testified, assisted, or participated in any manner 

in an investigation, proceeding, or hearing under this part. The 

identity of complainants shall be kept confidential, except to the 

extent necessary to carry out the purposes of this part, including the 

conduct of an investigation, hearing, or judicial proceeding arising 

thereunder.