[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: 45CFR85.61]



[Page 390-391]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 85_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF HEALTH AND HUMAN 

SERVICES--Table of Contents

 

Sec.  85.61  Compliance procedures.



    (a) Except as provided in paragraph (c) of this section, this 

section applies to all allegations of discrimination on the basis of 

handicap in programs or activities conducted by the agency.

    (b) Responsibility for the implementation and operation of this 

section shall be vested in the CCR Director/Special Assistant.

    (c) The agency shall process complaints alleging violations of 

section 504 with respect to employment according to the procedures 

established by the Equal Employment Opportunity Commission in 29 CFR 

part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 

U.S.C. 791) and HHS Instruction 1613-3. Part 1613 requires complainants 

to obtain pre-complaint counseling within 30 days of the alleged 

discriminatory act, and to file complaints within 15 days of the close 

of counseling. Responsibility for the acceptance, investigation, and the 

rendering of decisions with respect to employment complaints is vested 

in the Assistant Secretary for Personnel Administration.

    (d) OCR shall accept and investigate all complete complaints for 

which it



[[Page 391]]



has jurisdiction. All complete complaints must be filed within 180 days 

of the alleged act of discrimination. OCR may extend this time for good 

cause.

    (e) If OCR receives a complaint over which it does not have 

jurisdiction, it shall promptly notify the complainant and shall make 

reasonable efforts to refer the complaint to the appropriate Federal 

government entity.

    (f) OCR shall notify the Architectural and Transportation Barriers 

Compliance Board upon receipt of any complaint alleging that a building 

or facility that is subject to the Architectural Barriers Act of 1968, 

as amended (42 U.S.C. 4151-4157), is not readily accessible to and 

usable by individuals with handicaps.

    (g) Within 180 days of the receipt of a complete complaint for which 

it has jurisdiction, OCR shall notify the complainant of the results of 

the investigations in a letter containing--

    (1) Findings of fact and conclusions of law;

    (2) A description of a remedy for each violation found; and

    (3) A notice of the right to appeal.

    (h) Appeals of the findings of fact and conclusions of law or 

remedies must be filed by the complainant within 60 days of receipt from 

the agency of the letter required by Sec.  85.61(g). OCR may extend this 

time for good cause.

    (i) Timely appeals shall be accepted and processed by the OCR 

Director/Special Assistant. Decisions on such appeals shall not be heard 

by the person who made the initial decision.

    (j) OCR shall notify the complainant of the results of the appeal 

within 60 days of the receipt of the request. If OCR determines that it 

needs additional information from the complainant, it shall have 60 days 

from the date it receives the additional information to make its 

determination on the appeal.

    (k) The time limits cited in (g) and (j) above may be extended with 

the permission of the Assistant Attorney General.

    (l) The agency may delegate its authority for conducting complaint 

investigations to a component agency or other Federal agencies, except 

that the authority for making the final determination may not be 

delegated.



[53 FR 25603, July 8, 1988; 53 FR 26559, July 13, 1988]