[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: 14CFR1251.570]



[Page 239]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

 

Subpart 1251.5_Enforcement of Nondiscrimination on the Basis of Handicap 

  in Programs or Activities Conducted by the National Aeronautics and 

                          Space Administration

 

Sec. 1251.570  Compliance 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 and activities conducted by the agency.

    (b) The agency shall process complaints alleging violations of 

section 504 with respect to employment 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 Assistant Administrator for Equal Opportunity Programs shall 

be responsible for coordinating implementation of this section. 

Complaints may be sent to the Office of Equal Opportunity Programs, Room 

6119, 400 Maryland Avenue, SW., Washington, DC 20546.

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

and usable by individuals with handicaps.

    (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 Sec. 1251.570(g). The agency may 

extend this time for good cause.

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

the agency.

    (j) The head of the agency shall notify the complainant 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, he or she shall have 60 days from the date of 

receipt of the additional information to make his or her determination 

on the appeal.

    (k) The time limits cited in paragraphs (g) and (j) of this section 

may be extended with the permission of the Assistant Attorney General.

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

investigations to other Federal agencies, except that the authority for 

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



[53 FR 25882 and 25885, July 8, 1989]