[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR42.205]

[Page 803-804]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents
 
       Subpart D_Nondiscrimination in Federally Assisted Programs_
 Implementation of Section 815(c)(1) of the Justice System Improvement 
                               Act of 1979
 
Sec.  42.205  Complaint investigation.

    (a) The Office shall investigate complaints filed by or on behalf of 
an individual claiming to be aggrieved, that allege a violation of 
section 815(c)(1) of the JSIA, or this subpart.
    (b) No complaint will be investigated if it is received more than 
one year after the date of the alleged discrimination, unless the time 
for filing is extended by the Director of OJARS for good cause shown.
    (c) The Office shall conduct investigations of complaints as 
follows:
    (1) Within 21 days of receipt of a complaint, the Office shall:
    (i) Ascertain whether it had jurisdiction under paragraphs (a) and 
(b) of this section;
    (ii) If jurisdiction is found, notify the recipient alleged to be 
discriminating of its receipt of the complaint; and
    (iii) Initiate the investigation.
    (2) The investigation will ordinarily be initiated by a letter 
requesting data pertinent to the complaint and advising the recipient 
of:
    (i) The nature of the complaint, and, with the written consent of 
the complainant, the identity of the complainant;
    (ii) The programs or activities affected by the complaint;
    (iii) The opportunity to make, at any time prior to receipt of the 
Office's preliminary findings, a documentary submission, responding to, 
rebutting, or denying the allegations made in the complaint; and
    (iv) The schedule under which the complaint will be investigated and 
a determination of compliance or non-compliance made.

Copies of this letter will also be sent to the chief executive of the 
appropriate unit(s) of government, and to the appropriate CJC.
    (3) Within 150 days or, where an on-site investigation is required, 
within 175 days after the initiation of the investigation, the Office 
shall advise the complainant, the recipient, the chief executive(s) of 
the appropriate unit(s) of government, and the appropriate CJC of:
    (i) Its investigative findings;
    (ii) Where appropriate, its recommendations for compliance; and
    (iii) If it is likely that satisfactory resolution of the complaint 
can be obtained, the recipient's opportunity to request the Office to 
engage in voluntary compliance negotiations prior to the Director of 
OJARS' determination of compliance or non-compliance.
    (4) If, within 30 days, the Office's recommendations for compliance 
are not met, or voluntary compliance is not secured, the matter will be 
forwarded to the Director of OJARS for a determination of compliance or 
non-compliance. The determination shall be made no later than 14 days 
after the conclusion of the 30-day period. If the Director makes a 
determination of non-compliance with section 815(c)(1) of the JSIA, the 
Office shall institute administrative proceedings pursuant to Sec.  
42.208 et seq.
    (5) If the complainant or another party, other than the Attorney 
General, has filed suit in Federal or State court alleging the same 
discrimination alleged in a complaint to OJARS, and, during OJARS' 
investigation, the trial of that suit would be in progress, OJARS will 
suspend its investigation and monitor the litigation through the court 
docket and, where necessary, contacts with the complainant. Upon receipt 
of notice that the court has made a finding of a pattern or practice of 
discrimination within the meaning of Sec.  42.208, the Office will 
institute administrative proceedings pursuant to Sec.  42.208, et seq. 
Upon receipt of notice that the court has made a finding affecting only 
the complainant, the Office will adopt the findings of the court as its 
investigative findings pursuant to Sec.  42.205(c)(3).

[[Page 804]]

    (6) The time limits listed in paragraphs (c)(1) through (c)(5) of 
this section shall be appropriately adjusted where OJARS requests 
another Federal agency or another branch of the Department of Justice to 
act on the complaint. OJARS will monitor the progress of the matter 
through liaison with the other agency. Where the request to act does not 
result in timely resolution of the matter, OJARS will institute 
appropriate proceedings pursuant to this section.

[45 FR 28705, Apr. 30, 1980; 45 FR 54037, Aug. 14, 1980]