[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR80.7]



[Page 303-304]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 80_NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE 

THROUGH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES EFFECTUATION OF TITLE 

VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents

 

Sec.  80.7  Conduct of investigations.



    (a) Periodic compliance reviews. The responsible Department official 

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 

responsible Department official or his designee 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 

responsible Department official or his designee.

    (c) Investigations. The responsible Department official or his 

designee will make a prompt investigation whenever a compliance review, 

report, complaint, or any other information indicates a possible failure 

to comply with this part. The investigation should include, where 

appropriate, a review of the pertinent practices and policies of



[[Page 304]]



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 responsible Department official or his designee will so inform 

the recipient and the matter will be resolved by informal means whenever 

possible. If it has been determined that the matter cannot be resolved 

by informal means, action will be taken as provided for in Sec.  80.8.

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

paragraph (d)(1) of this section the responsible Department official or 

his designee will so inform the recipient and the complainant, if any, 

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.



(Secs. 601, 602, Civil Rights Act of 1964, 78 Stat. 252 (42 U.S.C. 

2000d, 2000d-1))



[29 FR 16298, Dec. 4, 1964, as amended at 38 FR 17981, 17982, July 5, 

1973]