[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 49CFR27.11]



[Page 347-348]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 27_NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                            Subpart A_General

 

Sec. 27.11  Remedial action, voluntary action and compliance planning.



    (a) Remedial action. (1) If the responsible Departmental official 

finds that a qualified handicapped person has been excluded from 

participation in, denied the benefits of, or otherwise subjected to 

discrimination under, any program or activity in violation of this part, 

the recipient shall take such remedial action as the responsible 

Departmental official deems necessary to overcome the effects of the 

violation.

    (2) Where a recipient is found to have violated this part, and where 

another recipient exercises control over the recipient that has violated 

this part, the responsible Departmental official, where appropriate, may 

require either or both recipients to take remedial action.

    (3) The responsible Departmental official may, where necessary to 

overcome the effects of a violation of 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, and

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

participants in the program or activity had the discrimination not 

occurred.

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

action that is required by this part, to assure the full participation 

in the recipient's program or activity by qualified handicapped persons.

    (c) Compliance planning. (1) A recipient shall, within 90 days from 

the effective date of this part, designate and forward to the head of 

any operating administration providing financial assistance, with a copy 

to the responsible Departmental official the names, addresses, and 

telephone numbers of the persons responsible for evaluating the 

recipient's compliance with this part.

    (2) A recipient shall, within 180 days from the effective date of 

this part, after consultation at each step in paragraphs (c)(2) (i)-

(iii) of this section with interested persons, including handicapped 

persons and organizations representing the handicapped:



[[Page 348]]



    (i) Evaluate its current policies and practices for implementing 

these regulations, and notify the head of the operating administration 

of the completion of this evaluation;

    (ii) Identify shortcomings in compliance and describe the methods 

used to remedy them;

    (iii) Begin to modify, with official approval of recipient's 

management, any policies or practices that do not meet the requirements 

of this part according to a schedule or sequence that includes 

milestones or measures of achievement. These modifications shall be 

completed within one year from the effective date of this part;

    (iv) Take appropriate remedial steps to eliminate the effects of any 

discrimination that resulted from previous policies and practices; and

    (v) Establish a system for periodically reviewing and updating the 

evaluation.

    (3) A recipient shall, for at least three years following completion 

of the evaluation required under paragraph (c)(2) of this section, 

maintain on file, make available for public inspection, and furnish upon 

request to the head of the operating administration:

    (i) A list of the interested persons consulted;

    (ii) A description of areas examined and any problems indentified; 

and

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

steps taken.



[44 FR 3l468, May 31, l979, as amended at 68 FR 51390, Aug. 26,2003]