[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.103]

[Page 318-319]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 26_PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT 
OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS--Table of Contents
 
                  Subpart F_Compliance and Enforcement
 
Sec.  26.103  What enforcement actions apply in FHWA and FTA programs?

    The provisions of this section apply to enforcement actions under 
FHWA and FTA programs:

[[Page 319]]

    (a) Noncompliance complaints. Any person who believes that a 
recipient has failed to comply with its obligations under this part may 
file a written complaint with the concerned operating administration's 
Office of Civil Rights. If you want to file a complaint, you must do so 
no later than 180 days after the date of the alleged violation or the 
date on which you learned of a continuing course of conduct in violation 
of this part. In response to your written request, the Office of Civil 
Rights may extend the time for filing in the interest of justice, 
specifying in writing the reason for so doing. The Office of Civil 
Rights may protect the confidentiality of your identity as provided in 
Sec.  26.109(b). Complaints under this part are limited to allegations 
of violation of the provisions of this part.
    (b) Compliance reviews. The concerned operating administration may 
review the recipient's compliance with this part at any time, including 
reviews of paperwork and on-site reviews, as appropriate. The Office of 
Civil Rights may direct the operating administration to initiate a 
compliance review based on complaints received.
    (c) Reasonable cause notice. If it appears, from the investigation 
of a complaint or the results of a compliance review, that you, as a 
recipient, are in noncompliance with this part, the appropriate DOT 
office promptly sends you, return receipt requested, a written notice 
advising you that there is reasonable cause to find you in 
noncompliance. The notice states the reasons for this finding and 
directs you to reply within 30 days concerning whether you wish to begin 
conciliation.
    (d) Conciliation. (1) If you request conciliation, the appropriate 
DOT office shall pursue conciliation for at least 30, but not more than 
120, days from the date of your request. The appropriate DOT office may 
extend the conciliation period for up to 30 days for good cause, 
consistent with applicable statutes.
    (2) If you and the appropriate DOT office sign a conciliation 
agreement, then the matter is regarded as closed and you are regarded as 
being in compliance. The conciliation agreement sets forth the measures 
you have taken or will take to ensure compliance. While a conciliation 
agreement is in effect, you remain eligible for FHWA or FTA financial 
assistance.
    (3) The concerned operating administration shall monitor your 
implementation of the conciliation agreement and ensure that its terms 
are complied with. If you fail to carry out the terms of a conciliation 
agreement, you are in noncompliance.
    (4) If you do not request conciliation, or a conciliation agreement 
is not signed within the time provided in paragraph (d)(1) of this 
section, then enforcement proceedings begin.
    (e) Enforcement actions. (1) Enforcement actions are taken as 
provided in this subpart.
    (2) Applicable findings in enforcement proceedings are binding on 
all DOT offices.