[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: 45CFR1225.13]



[Page 61]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1225_VOLUNTEER DISCRIMINATION COMPLAINT PROCEDURE--Table of Contents

 

         Subpart C_Processing Class Complaints of Discrimination

 

Sec. 1225.13  Acceptance, rejection or cancellation of complaint.



    (a) Upon receipt of a class complaint, the Counselor's report, and 

any other information pertaining to timeliness or other relevant 

circumstances related to the complaint, the EO Director shall review the 

file to determine whether to accept or reject the complaint, or a 

portion thereof, for any of the following reasons:

    (1) It was not timely filed;

    (2) It consists of an allegation which is identical to an allegation 

contained in a previous complaint filed on behalf of the same class 

which is pending in the agency or which has been resolved or decided by 

the agency;

    (3) It is not within the purview of this subpart;

    (4) The agent failed to consult a Counselor in a timely manner;

    (5) It lacks specificity and detail;

    (6) It was not submitted in writing or was not signed by the agent;

    (7) It does not meet the following prerequisites.

    (i) The class is so numerous that a consolidated complaint of the 

members of the class is impractical;

    (ii) There are questions of fact common to the class;

    (iii) The claims of the agent of the class are representative of the 

claims of the class;

    (iv) The agent of the class, or his or her representative will 

fairly and adequately protect the interest of the class.

    (b) If an allegation is not included in the Counselor's report, the 

EO Director shall afford the agent 15 calendar days to explain whether 

the matter was discussed and if not, why he or she did not discuss the 

allegation with the Counselor. If the explanation is not satisfactory, 

the EO Director may decide to reject the allegation. If the explanation 

is satisfactory, the EO Director may require further counseling of the 

agent.

    (c) If an allegation lacks specificity and detail, or if it was not 

submitted in writing or not signed by the agent, the EO Director shall 

afford the agent 30 days from his or her receipt of notification of the 

complaint defects to resubmit an amended complaint. The EO Director may 

decide that the agency reject the complaint if the agent fails to 

provide such information within the specified time period. If the 

information provided contains new allegations outside the scope of the 

complaint, the EO Director must advise the agent how to proceed on an 

individual or class basis concerning these allegations.

    (d) The EO Director may extend the time limits for filing a 

complaint and for consulting with a Counselor when the agent, or his or 

her representative, shows that he or she was not notified of the 

prescribed time limits and was not otherwise aware of them or that he or 

she was prevented by circumstances beyond his or her control from acting 

within the time limit.

    (e) When appropriate, the EO Director may determine that a class be 

divided into subclasses and that each subclass be treated as a class, 

and the provisions of this section then shall be construed and applied 

accordingly.

    (f) The EO Director may cancel a complaint after it has been 

accepted because of failure of the agent to prosecute the complaint. 

This action may be taken only after:

    (1) The EO Director has provided the agent a written request, 

including notice of proposed cancellation, that he or she provide 

certain information or otherwise proceed with the complaint; and

    (2) Within 30 days of his or her receipt of the request.

    (g) An agent must be informed by the EO Director in a request under 

paragraph (b) or (c) of this section that his or her complaint may be 

rejected if the information is not provided.



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