[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1251.105]



[Page 228-229]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1251_NONDISCRIMINATION ON BASIS OF HANDICAP--Table of Contents

 

                    Subpart 1251.1_General Provisions

 

Sec. 1251.105  Remedial action, voluntary action, and self-evaluation.



    (a) Remedial action. (1) If the Assistant Administrator 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 Assistant Administrator deems necessary to 

overcome the effects to 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 Assistant Administrator, where appropriate, may 

require either or both recipients to take remedial action.

    (3) The Assistant Administrator may, where necessary to overcome the 

effects of discrimination in violation of section 504 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. A 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



[[Page 229]]



recipient's program or activity by qualified handicapped persons.

    (c) Self-evaluation. (1) A recipient shall, within 1 year of the 

effective date of this part; or within 1 year of first becoming a 

recipient:

    (i) Evaluate, with the assistance of interested persons, including 

handicapped persons or organizations representing handicapped persons, 

its current policies and practices and the effects thereof that do not 

or may not meet the requirements of this part;

    (ii) Modify, after consultation with interested persons, including 

handicapped persons or organizations representing handicapped persons, 

any policies and practices that do not meet the requirements of this 

part; and

    (iii) Take, after consultation with interested persons, including 

handicapped persons or organizations representing handicapped persons, 

appropriate remedial steps to eliminate the effects of any 

discrimination that resulted from adherence to these policies and 

practices.

    (2) A recipient that employs 15 or more persons shall, for at least 

3 years, follow completion of the evaluation required under paragraph 

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

inspection, and provide to the Assistant Administrator 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.



[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003]