[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: 45CFR91.42]



[Page 436-437]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 91_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM HHS--Table of Contents

 

    Subpart D_Investigation, Conciliation, and Enforcement Procedures

 

Sec.  91.42  Complaints.



    (a) Any person, individually or as a member of a class or on behalf 

of others, may file a complaint with HHS, alleging discrimination 

prohibited by the Act or these regulations based on an action occurring 

on or after July 1, 1979. A complainant shall file a complaint within 

180 days from the date the complainant first had knowledge of the 

alleged act of discrimination. However, for good cause shown, HHS may 

extend this time limit.

    (b) HHS will consider the date a complaint is filed to be the date 

upon which the complaint is sufficent to be processed.

    (c) HHS will attempt to facilitate the filing of complaints wherever 

possible, including taking the following measures:

    (1) Accepting as a sufficient complaint, any written statement which



[[Page 437]]



identifies the parties involved and the date the complainant first had 

knowledge of the alleged violation, describes generally the action or 

practice complained of, and is signed by the complainant.

    (2) Freely permitting a complainant to add information to the 

complaint to meet the requirements of a sufficient complaint.

    (3) Notifying the complainant and the recipient of their rights and 

obligations under the complaint procedure, including the right to have a 

representative at all stages of the complaint procedure.

    (4) Notifying the complainant and the recipient (or their 

representatives) of their right to contact HHS for information and 

assistance regarding the complaint resolution process.

    (d) HHS will return to the complainant any complaint outside the 

jurisdiction of these regulations, and will state the reason(s) why it 

is outside the jurisdiction of these regulations.