[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 14CFR152.423]



[Page 146-147]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 152_AIRPORT AID PROGRAM--Table of Contents

 

           Subpart E_Nondiscrimination in Airport Aid Program

 

Sec. 152.423  Investigation and enforcement.



    (a) Complaints. Any person who believes that he or she has been 

subjected to discrimination prohibited by this subpart may personally, 

or through a representative, file a complaint with the Director of the 

Departmental Office of Civil Rights. A complaint must be in writing and 

filed not later than 180 days after the date of the alleged 

discrimination, unless the time for filing is extended by the Director.

    (b) Investigations and informal resolutions. The Departmental Office 

of Civil Rights will make a prompt investigation whenever a complaint, 

compliance



[[Page 147]]



review, report, or any other information indicates a possible failure to 

comply with this subpart. The procedures in 49 CFR part 21, augmented as 

appropriate by the investigative procedures of part 13 of this chapter, 

will be followed, except that--

    (1) Compliance with a regulation of the Department applicable to 

minority business enterprise will be investigated and enforced through 

the procedures contained in that regulation; and

    (2) Except as provided in paragraph (c) of this section, allegations 

of noncompliance with regulations governing equal employment opportunity 

of another Federal agency or a State or local agency, will be referred, 

for investigation and enforcement, to the Federal agency or, in the 

discretion of the Departmental Office of Civil Rights, to the State or 

local agency.

    (c) When the FAA (under section 30 of the AADA) and another Federal 

agency, a referral agency recognized by the Equal Employment Opportunity 

Commission, or a court have concurrent jurisdiction over a matter--

    (1) If the other agency or court makes a finding on the record that 

noncompliance or discrimination has occurred, the FAA will accept the 

finding, and determine what sanctions or remedies are appropriate under 

section 30 as a result of the finding, after permitting the party 

against whom the finding was made to be heard on the determination of 

the sanctions or remedies; or

    (2) If it appears that delay, through referral to another agency, 

will result in the continued expenditure of Federal funds under this 

part without compliance with this subpart, the Secretary may--

    (i) Investigate the matter;

    (ii) Make a determination as to compliance with section 30; and

    (iii) Impose appropriate sanctions and remedies.

    (d) Nothing in this section shall preclude the Director of the 

Departmental Office of Civil Rights from initiating an investigation 

when it appears that the investigation of the complaint may reveal a 

pattern or practice of discrimination or noncompliance with the 

requirements of this subpart in the employment practices of a grantee or 

other covered organization.