[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: 45CFR1232.7]



[Page 82-83]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1232_NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 1232.7  Remedial action, voluntary action and self-evaluation.



    (a) Remedial action. (1) If the Director finds that a recipient has 

discriminated against persons on the basis of handicap in violation of 

section 504 or this part, the recipient shall take such remedial action 

as the Director deems necessary to overcome the effects of the 

discrimination.

    (2) Where a recipient is found to have discriminated against persons 

on the basis of handicap in violation of section 504 or this part and 

where another recipient exercises control over the recipient that has 

discriminated, the Director, where appropriate, may require either or 

both recipients to take remedial action.

    (3) The Director may, where necessary to overcome the effects of 

discrimination in violation of section 504



[[Page 83]]



or this part, require a recipient to take remedial action:

    (i) With respect to handicapped persons who are no longer 

participants in the recipient's program or activity but who were 

participants in the program or activity when such discrimination 

occurred or

    (ii) With respect to handicapped persons who would have been 

participants in the program or activity had the discrimination not 

occurred, or

    (iii) With respect to handicapped persons presently in the program 

or activity, but not receiving full benefits or equal and integrated 

treatment within the program or activity.

    (b) Voluntary action. Recipient may take steps, in addition to any 

action that is required by this part, to overcome the effects of 

conditions that resulted in limited participation in the recipient's 

program or activity by qualified handicapped persons.

    (c) Self-evaluation. (1) Each recipient shall, within one year of 

the effective date of this part, conduct a self-evaluation of its 

compliance with Section 504, with the assistance of interested persons, 

including handicapped persons or organizations representing handicapped 

persons. Each recipient shall with the assistance of and consultation 

with interested persons, including handicapped persons, evaluate its 

current policies, practices and effects thereof; modify any that do not 

meet the requirements of this part; and take appropriate remedial steps 

to eliminate the effects of any discrimination that resulted from 

adherence to these policies and practices.

    (2) A recipient that employs fifteen or more persons shall, for at 

least three years following completion of the evaluation required under 

paragraph (c)(1) of this section, maintain on file, make available for 

public inspection, and provide to the Director upon request: (i) A list 

of the interested persons consulted,

    (ii) A description of areas examined and any problems identified, 

and

    (iii) A description of any modifications made and of any remedial 

steps taken.



[44 FR 31018, May 30, 1979, as amended at 68 FR 51388, Aug. 26, 2003]