[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.6]



[Page 381-382]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

  Subpart A_Nondiscrimination on the Basis of Race, Color, or National 

                                 Origin

 

Sec.  17.6  Conduct of investigations.



    (a) Periodic compliance reviews. The Secretary or his designee shall 

from time to time review the practices of recipients to determine 

whether they are complying with this part.

    (b) Complaints. Any person who believes himself or any specific 

class of individuals to be subjected to discrimination prohibited by 

this part may by himself or by a representative file with the Secretary 

a written complaint. A complaint must be filed not later than 180 days 

from the date of the alleged discrimination, unless the time for filing 

is extended by the Secretary, or his designee.

    (c) Investigations. Whenever a compliance review, report, complaint, 

or any other information indicates a possible failure to comply with 

this part, a prompt investigation shall be made. The investigation 

should include, where appropriate, a review of the pertinent practices 

and policies of the recipient, the circumstances under which the 

possible noncompliance with this part occurred, and other factors 

relevant to a determination as to whether the recipient has failed to 

comply with this part.

    (d) Resolution of matters. (1) If an investigation pursuant to 

paragraph (c) of this section indicates a failure to comply with this 

part, the recipient shall be informed in writing and the matter will be 

resolved by informal means whenever possible. If it has been determined 

that the matter cannot be



[[Page 382]]



resolved by informal means, action will be taken as provided for in 

Sec.  17.7.

    (2) If an investigation does not warrant action pursuant to 

paragraph (d)(1) of this section, the recipient and complainant, if any, 

shall be informed in writing.

    (e) Intimidatory or retaliatory acts prohibited. No recipient or 

other person shall intimidate, threaten, coerce, or discriminate against 

any individual for the purpose of interfering with any right or 

privilege secured by section 601 of the act or this part, or because he 

has made a complaint, testified, assisted, or participated in any manner 

in an investigation, proceeding, or hearing under this part. The 

identity of complainants shall be kept confidential except to the extent 

necessary to carry out the purposes of this part, including the conduct 

of any investigation, hearing, or judicial proceeding arising 

thereunder.



[29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17977, July 5, 1973]