[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 32CFR56.10]



[Page 342-343]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 56_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND 

ACTIVITIES ASSISTED OR CONDUCTED BY THE DEPARTMENT OF DEFENSE--Table 

of Contents

 

Sec.  56.10  Ensuring compliance with this part in programs and 

activities conducted by the Department of Defense.



    (a) Supplementary guidelines. (1) Whenever necessary, the 

ASD(MRA&L), or designee, shall publish supplementary guidelines for 

programs and activities that are conducted by DoD Components and that 

are subject to this Directive. Prior to their issuance, the ASD(MRA&L), 

or designee, shall submit supplementary guidelines prepared pursuant to 

this subsection to the Coordination and Review Section, Civil Rights 

Division, Department of Justice, for review.

    (2) The heads of DoD Components, or designees, shall be responsible 

for keeping the supplementary guidelines described in this section 

current and accurate. When a DoD Component head determines that a 

program or activity



[[Page 343]]



should be added to or deleted from the guidelines, that official shall 

notify the ASD(MRA&L), or designee, in writing.

    (b) Staff responsibilities. The ASD(MRA&L), or designee, shall 

determine DoD Component compliance with this part as it pertains to 

programs and activities that are conducted by DoD Components and are 

subject to this part.

    (c) Filing of complaints. (1) Complaints of discrimination in a 

program or activity conducted by a DoD Component may be filed directly 

with the ASD(MRA&L), or designee.

    (2) DoD Components shall develop procedures, such as posters or 

other devices, to notify participants in the programs and activities 

listed in Sec.  56.7(c) of their right to be free of discrimination 

because of handicap in those programs and activities and of their right 

to file complaints of discrimination with the ASD(MRA&L), or designee.

    (d) Investigations of complaints. (1) The ASD(MRA&L), or designee, 

shall investigate complaints of discrimination in programs and 

activities that are conducted by DoD Components and are subject to this 

part.

    (2) A case record of each investigation shall be compiled in 

accordance with Sec.  56.9(j)(2).

    (e) Results of investigations. If the complaint investigation 

results in a determination by the ASD(MRA&L), or designee, that a DoD 

Component's program or activity is not complying with Sec.  56.9, the 

ASD(MRA&L), or designee, shall proceed as prescribed in Sec.  56.9 (n) 

through (v). Hearings prescribed under Sec.  56.9(r) however, need not 

be conducted. If the ASD(MRA&L), or designee, determines that the DoD 

Component is in compliance, the ASD(MRA&L), or designee, shall notify 

the complainant within 15 calendar days of such determination.

    (f) Written notice. If an investigative report concludes that there 

has been a violation of this part in a program or activity conducted by 

a DoD Component and the ASD(MRA&L), or designee, accepts that 

conclusion, that official shall issue to the head of the DoD Component a 

written notice describing the apparent violation, the corrective actions 

necessary to achieve compliance, and a suspense date for completion of 

the corrective actions.

    (g) Effecting compliance. When necessary to overcome the effects of 

discrimination in violation of this part the ASD(MRA&L), or designee, 

may require a DoD Component to take remedial action similar to that in 

Sec.  56.9(n)(2).

    (h) Employment. DoD Components that conduct Federal programs or 

activities covered by this part that involve employment of civilian 

persons to conduct such a program or activity must comply with section 

501 of the Rehabilitation Act of 1973, as amended, and the implementing 

rules and regulations of the EEOC.