[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: 45CFR91.44]



[Page 437-438]

 

                        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.  91.44  Investigation.



    (a) Informal investigation. (1) HHS will investigate complaints that 

are unresolved after mediation or are reopened because of a violation of 

a mediation agreement.

    (2) As part of the initial investigation HHS will use informal fact 

finding methods, including joint or separate discussions with the 

complainant and recipient, to establish the fact and, if possible, 

settle the complaint on terms that are mutually agreeable to the 

parties. HHS may seek the assistance of any involved State agency.

    (3) HHS will put any agreement in writing and have it signed by the 

parties and an authorized official at HHS.

    (4) The settlement shall not affect the operation of any other 

enforcement effort of HHS, including compliance reviews and 

investigation of other complaints which may involve the recipient.

    (5) The settlement is not a finding of discrimination against a 

recipient.

    (b) Formal investigation. If HHS cannot resolve the complaint 

through informal investigation, it will begin to develop formal findings 

through further investigation of the complaint. If the investigation 

indicates a violation of these regulations HHS will attempt to obtain 

voluntary compliance. If HHS cannot obtain voluntary compliance it



[[Page 438]]



will begin enforcement as described in Sec.  91.46.



[47 FR 57858, Dec. 28, 1982, as amended at 70 FR 24322, May 9, 2005]