[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 49CFR265.21]



[Page 830-831]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 265_NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD PROGRAMS

--Table of Contents

 

                          Subpart C_Compliance

 

Sec. 265.21  Conduct of investigations.



    (a) The Administrator shall from time to time review the practices 

of recipients and contractors to determine whether they are complying 

with this part. The Administrator shall to the



[[Page 831]]



fullest extent practicable seek the cooperation of recipients and 

contractors in obtaining compliance with this part and shall provide 

assistance and guidance to recipients and contractors to help them 

comply voluntarily with this part. As required by Sec. 265.7(a)(6) of 

this part recipients and contractors shall from time to time review the 

practices of their contractors and subcontractors to determine whether 

they are complying with this part.

    (b) Any person who believes himself or herself or any other person 

to be subjected to discrimination prohibited by this part, may file with 

the Administrator a written complaint. A complaint must be filed not 

later than sixty (60) days after the date complainant discovers the 

alleged discrimination, unless the time for filing is extended by the 

Administrator.

    (c) The Administrator will make a prompt investigation in cases 

where a compliance review, report, complaint or other information 

indicates a possible failure to comply with this part.

    (d)(1) If an investigation pursuant to paragraph (c) of this section 

indicates a failure to comply with this part, the Administrator shall 

within ten (10) days after such determination so inform the recipient or 

contractor in writing of the specific grounds for alleging noncompliance 

and the matter shall be resolved by informal means whenever possible. 

The notice shall provide that, if it has been determined that the matter 

is not resolved by informal means within thirty (30) days after the 

delivery of the notice, action will be taken as provided for in Sec. 

265.23.

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

paragraph (d)(1) of this section, the Administrator shall within ten 

(10) days after such determination so inform the recipient, or 

contractor and the complainant, if any, in writing.

    (e) No recipient, contractor or other person shall intimidate, 

threaten, coerce or discriminate against any individual for the purpose 

of interfering with any right or privilege secured by section 905 of the 

Act or this part, or because he or she 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 at their election during the conduct of any investigation, 

proceeding or hearing under this part. But when such confidentiality is 

likely to hinder the investigation the complainant will be advised for 

the purpose of waiving the privilege.