[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: 45CFR90.32]



[Page 427-428]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 90_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

    Subpart C_What are the Responsibilities of the Federal Agencies?

 

Sec.  90.32  Review of agency policies and administrative practices.



    (a) Each agency shall conduct a review of age distinctions it 

imposes on its recipients by regulations, policies, and administrative 

practices. The purpose of this review is to identify how age 

distinctions are used by each Federal agency and whether those age 

distinctions are permissible under the Act and implementing regulations.

    (b) No later than 12 months from the date the agency published its 

final regulations, the agency shall publish, for public comment, a 

report in the Federal Register containing:

    (1) The results of the review conducted under paragraph (a) of this 

section;

    (2) A list of the age distinctions contained in regulations which 

are to be continued;

    (3) The justification under the requirements of the Act and these 

regulations for each age distinction to be continued;

    (4) A list of the age distinctions not contained in regulations but 

which will be adopted by regulation under the Administrative Procedure 

Act using the notice and comment procedures specified in 5 U.S.C. 553; 

and

    (5) A list of the age distinctions to be eliminated.



[[Page 428]]



    (c) Beginning with the effective date of an agency's final 

regulations, the agency may not impose a new age distinction unless the 

age distinction is adopted by regulation under the Administrative 

Procedure Act using the notice and comment procedures specified in 5 

U.S.C. 553.

    (d) Beginning 12 months after the publication of its age 

discrimination regulations, an agency may not continue an existing age 

distinction, unless the age distinction has already been adopted by 

regulation or is adopted by regulation under the Administrative 

Procedure Act using the notice and comment procedures specified in 5 

U.S.C. 553.