[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: 28CFR42.408]

[Page 819]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents
 
Subpart F_Coordination of Enforcement of Non-discrimination in Federally 
                            Assisted Programs
 
Sec.  42.408  Complaint procedures.

    (a) Federal agencies shall establish and publish in their guidelines 
procedures for the prompt processing and disposition of complaints. The 
complaint procedures shall provide for notification in writing to the 
complainant and the applicant or recipient as to the disposition of the 
complaint. Federal agencies should investigate complaints having 
apparent merit. Where such complaints are not investigated, good cause 
must exist and must be stated in the notification of disposition. In 
such cases, the agency shall ascertain the feasibility of referring the 
complaint to the primary recipient, such as a State agency, for 
investigation.
    (b) Where a federal agency lacks jurisdiction over a complaint, the 
agency shall, wherever possible, refer the complaint to another federal 
agency or advise the complainant.
    (c) Where a federal agency requires or permits recipient to process 
title VI complaints, the agency shall ascertain whether the recipients' 
procedures for processing complaints are adequate. The federal agency 
shall obtain a written report of each such complaint and investigation 
and shall retain a review responsibility over the investigation and 
disposition of each complaint.
    (d) Each federal agency shall maintain a log of title VI complaints 
filed with it, and with its recipients, identifying each complainant by 
race, color, or national origin; the recipient; the nature of the 
complaint; the dates the complaint was filed and the investigation 
completed; the disposition; the date of disposition; and other pertinent 
information. Each recipient processing title VI complaints shall be 
required to maintain a similar log. Federal agencies shall report to the 
Assistant Attorney General on January 1, 1977, and each six months 
thereafter, the receipt, nature and disposition of all such title VI 
complaints.