[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: 45CFR84.6]



[Page 348-349]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 84_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  84.6  Remedial action, voluntary action, and self-evaluation.



    (a) Remedial action. (1) If the Director finds that a recipient has 

discriminated against persons on the basis of handicap in violation of 

section 504 or this part, the recipient shall take such remedial action 

as the Director deems necessary to overcome the effects of the 

discrimination.

    (2) Where a recipient is found to have discriminated against persons 

on the basis of handicap in violation of section 504 or this part and 

where another recipient exercises control over the recipient that has 

discriminated, the Director, where appropriate, may require either or 

both recipients to take remedial action.

    (3) The Director may, where necessary to overcome the effects of 

discrimination in violation of section 504 or this part, require a 

recipient to take remedial action (i) with respect to handicapped 

persons who are no longer participants in the recipient's program or 

activity but who were participants in the program or activity when such 

discrimination occurred or (ii) with respect to handicapped persons who 

would have been participants in the program or activity had the 

discrimination not occurred.

    (b) Voluntary action. A recipient may take steps, in addition to any 

action that is required by this part, to overcome the effects of 

conditions that resulted in limited participation in the recipient's 

program or activity by qualified handicapped persons.

    (c) Self-evaluation. (1) A recipient shall, within one year of the 

effective date of this part:

    (i) Evaluate, with the assistance of interested persons, including 

handicapped persons or organizations representing handicapped persons, 

its current policies and practices and the effects thereof that do not 

or may not meet the requirements of this part;

    (ii) Modify, after consultation with interested persons, including 

handicapped persons or organizations representing handicapped persons, 

any



[[Page 349]]



policies and practices that do not meet the requirements of this part; 

and

    (iii) Take, after consultation with interested persons, including 

handicapped persons or organizations representing handicapped persons, 

appropriate remedial steps to eliminate the effects of any 

discrimination that resulted from adherence to these policies and 

practices.

    (2) A recipient that employs fifteen or more persons shall, for at 

least three years following completion of the evaluation required under 

paragraph (c)(1) of this section, maintain on file, make available for 

public inspection, and provide to the Director upon request: (i) A list 

of the interested persons consulted (ii) a description of areas examined 

and any problems identified, and (iii) a description of any 

modifications made and of any remedial steps taken.



[42 FR 22677, May 4, 1977, as amended at 70 FR 24319, May 9, 2005]