[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR606.70]



[Page 101-102]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 606_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE NATIONAL SCIENCE FOUNDATION

--Table of Contents

 

Sec. 606.70  Complaint procedures.



    (a) Except as provided in paragraph (b) of this section, this 

section applies to all allegations of discrimination on the basis of 

handicap in programs or activities conducted by the Foundation.

    (b) The Foundation shall process complaints alleging violations of 

section 504 with respect to employment



[[Page 102]]



according to the procedures established by the Equal Employment 

Opportunity Commission in 29 CFR part 1613 pursuant to section 501 of 

the Rehabilitation Act of 1973 (29 U.S.C. 791).

    (c) The Director, Office of Equal Opportunity Programs (OEOP), shall 

coordinate implementation of this section.

    (d) Persons wishing to submit complaints should submit complete 

complaints (see Sec. 606.03) to the Office of Equal Opportunity 

Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, 

VA 22230. In accordance with the procedures outlined below, the 

Foundation will accept all complete complaints and will either undertake 

to investigate them if they are within the jurisdiction of the 

Foundation and submitted within 180 days of the alleged acts of 

discrimination or in the case of complaints not within the jurisdiction 

of the Foundation, it shall promptly notify the complainant and shall 

make reasonable efforts to refer the complaint to the appropriate 

government entity. Complete complaints submitted after the 180 day time 

limit may also be acted upon at the discretion of the Foundation if good 

cause for the delay in submission is found.

    (e) The Foundation shall notify the Architectural and Transportation 

Barriers Compliance Board upon receipt of any complaint alleging that a 

building or a facility that is subject to the Architectural Barriers Act 

of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to 

and usable by individuals with handicaps.

    (f) Within 180 days of the receipt of a complete complaint, the 

Director, Office of Equal Opportunity Programs (OEOP), or his or her 

designee or delegate, will investigate the complaint and shall notify 

the complainant of the results of the investigation in a letter 

containing--

    (1) Findings of fact and conclusions of law;

    (2) A description of a remedy for each violation found; and

    (3) A notice of a right to appeal to the Director of the Foundation.

    (g)(1) A complainant may appeal findings of fact, conclusions of 

law, or remedies to the Director of the Foundation. Such appeals must be 

in writing and must state fully the basis for the appeal, proposed 

alternative findings of fact, conclusions of law, or remedies. They must 

be sent (as evidenced by an appropriate postmark or other satisfactory 

evidence) within 90 days after the date of receipt from the Foundation 

of the letter described in paragraph (f) of this section. The Foundation 

may extend this time for good cause.

    (2) The Director shall notify the complainant of the results of the 

appeal within 30 days of the receipt of the appeal. If the Director 

determines that additional information is needed from the complainant, 

the Director shall have 30 days from the date such additional 

information is received from the complainant to make a determination on 

the appeal.

    (h) The time limits for sending a letter to the complainant in 

paragraph (f) and for deciding an appeal in paragraph (g)(2) of this 

section may be extended with the permission of the Assistant Attorney 

General.



[54 FR 4791, Jan. 31, 1989, as amended at 59 FR 37437, July 22, 1994]