[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: 45CFR91.43]



[Page 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.  91.43  Mediation.



    (a) HHS will promptly refer to a mediation agency designated by the 

Secretary all sufficient complaints that:

    (1) Fall within the jurisdiction of the Act and these regulations, 

unless the age distinction complained of is clearly within an exception; 

and,

    (2) Contain all information necessary for further processing.

    (b) Both the complainant and the recipient shall participate in the 

mediation process to the extent necessary to reach an agreement or make 

an informed judgment that an agreement is not possible.

    (c) If the complainant and the recipient reach an agreement, the 

mediator shall prepare a written statement of the agreement and have the 

complainant and the recipient sign it. The mediator shall send a copy of 

the agreement to HHS. HHS will take no further action on the complaint 

unless the complainant or the recipient fails to comply with the 

agreement.

    (d) The mediator shall protect the confidentiality of all 

information obtained in the course of the mediation process. No mediator 

shall testify in any adjudicative proceeding, produce any document, or 

otherwise disclose any information obtained in the course of the 

mediation process without prior approval of the head of the mediation 

agency.

    (e) The mediation will proceed for a maximum of 60 days after a 

complaint is filed with HHS. Mediation ends if:

    (1) 60 days elapse from the time the complaint is filed; or

    (2) Prior to the end of that 60-day period, an agreement is reached; 

or

    (3) Prior to the end of that 60-day period, the mediator determines 

that an agreement cannot be reached.



This 60-day period may be extended by the mediator, with the concurrence 

of HHS, for not more than 30 days if the mediator determines that 

agreement will likely be reached during such extended period.

    (f) The mediator shall return unresolved complaints to HHS.