[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: 45CFR707.12]



[Page 308-309]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 707_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY 

IN PROGRAMS OR ACTIVITIES CONDUCTED BY U.S. COMMISSION ON CIVIL RIGHTS

--Table of Contents

 

Sec. 707.12  Compliance procedures.



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

section applies to all allegations of discrimination on the basis of 

disability in programs or activities conducted by the Agency.



[[Page 309]]



    (b) The Agency shall process complaints alleging violations of 

section 504 with respect to employment according to the procedures 

established in 29 U.S.C. 791 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) Responsibility for implementation and operation of this section 

shall be vested in the Office of General Counsel.

    (d) The Agency shall accept and investigate all complete complaints 

for which it has jurisdiction. All complete complaints must be filed 

within 180 days of the alleged act of discrimination. The Agency may 

extend this time period for good cause.

    (e) If the Agency receives a complaint over which it does not have 

jurisdiction, it shall promptly notify the complainant and shall make 

reasonable efforts to refer the complaint to the appropriate Government 

entity.

    (f) The Agency shall notify the Architectural and Transportation 

Barriers Compliance Board upon receipt of any complaint alleging that a 

building or facility that is subject to the Architectural Barriers Act 

of 1968, 42 U.S.C. 4151 through 4157, is not readily accessible to and 

usable by individuals with disabilities.

    (g) Within 180 days of the receipt of a complete complaint for which 

it has jurisdiction, the Agency 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 the right to appeal.

    (h) Appeals of the findings of fact and conclusions of law or 

remedies must be filed by the complainant within 90 days of receipt from 

the Agency of the letter required by paragraph (g) of this section. The 

Staff Director may extend this time for good cause.

    (i) Timely appeals shall be accepted and processed by the Staff 

Director or the Staff Director's designee.

    (j) The Agency shall notify the complainant in writing of the 

results of the appeal within 60 days of the receipt of the request. If 

the head of the Agency determines that additional information is needed 

from the complainant, it shall have 60 days from the date it receives 

the additional information to make its determination on the appeal.

    (k) The time limits cited in paragraphs (d), (g), (h), and (j) of 

this section may be extended for an individual case when the Staff 

Director determines that there is good cause, based on the particular 

circumstances of that case, for the extension.

    (l) The Agency may delegate its authority for conducting complaint 

investigations to other Federal agencies; however, the authority for 

making the final determination may not be delegated to another Agency.