(a) Except as provided in paragraph (b) of this section, this
section applies to all allegations of discrimination on the basis of
handicap in programs or activities conducted by DOL.
(b)(1) Complaints alleging violations of section 504 with respect to
employment shall be processed according to the procedures established in
29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of
1973 (29 U.S.C. 791).
(2) Complaints based upon program inaccessibility in violation of
section 504 will be governed by the procedures at Secs. 33.9(b) and
33.11(e) of this part, as applicable.
(c) Responsibility for implementation and operation of this section
shall be vested in the Director, Directorate of Civil Rights (DCR).
Complaints may be delivered or mailed to the Director, Directorate of
Civil Rights, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room N-4123, Washington, DC 20210.
(d) All complaints must be filed within 180 days of the alleged act
of discrimination. The Director may extend this time period for good
cause.
(e) Where a complaint contains insufficient information, the
Director shall seek the needed information from the complainant. If the
complainant is unavailable after reasonable means have been utilized to
locate him or her, or the information is not furnished within 30 days of
the date of such request, the complaint may be dismissed upon notice
sent to the complainant's last known address.
(f) If the Director receives a complaint over which the Department
does not have jurisdiction, he or she shall promptly notify the
complainant and shall make reasonable efforts to refer the complaint to
the appropriate government entity.
(g) The Director shall accept and investigate all complete
complaints which are timely filed, are within the Department's
jurisdiction, and state an allegation(s) which, if true, would violate
section 504 or its implementing regulations.
(1) Where the Director determines that the complaint will be
investigated, he or she will notify the complainant(s) and the
appropriate Department official(s).
(2) Such notification will advise the parties that a determination
on the merits of the complaint will be issued within 180 days of the
date of notification unless the matter is resolved informally prior to
that time.
(3) If, during the course of the investigation, the Department
official states that he or she believes that resolution of the complaint
would require a fundamental alteration of the program or undue financial
and administrative burdens, the complaint will proceed in accordance
with Secs. 33.9(b) and 33.11(e) of this part, as applicable.
(h) At any time prior to the issuance of the determination the
parties to the complaint may resolve the complaint on an informal basis.
For this purpose, the Director shall furnish, to the extent permitted by
law, a copy of the investigative file to the complainant and the
appropriate Department official. If the complaint is resolved, the terms
of the agreement shall be reduced to writing and entered as part of the
official file by the Deputy Assistant Secretary for Administration and
Management (Deputy ASAM).
(i) If informal resolution is not achieved, the Deputy ASAM shall
issue a determination on the merits which notifies the parties to the
complaint of the results of the investigation and includes--
(1) The findings of fact and conclusions of law;
(2) A remedy and/or corrective action, as appropriate, for each
violation found; and
(3) A notice of the right to appeal to the Assistant Secretary for
Administration and Management (ASAM).
(j)(1) An appeal of the Deputy ASAM's determination may be filed
with the ASAM by any party to the complaint. Such appeal must be filed
within 30 days of receipt of the determination. The ASAM may extend this
time for good cause.
(2) Timely appeals shall be accepted and processed by the ASAM. The
ASAM's determination shall be based upon the written record which may
include, but is not limited to, the determination made by the Deputy
ASAM, the investigative file, and any other materials submitted by the
parties pursuant to a request from the ASAM.
(k) The ASAM shall notify all parties of his or her determination on
the appeal within 90 days of the receipt of the appeal. The ASAM's
determination represents the final administrative decision by the
Department.
(l) The time limits cited in paragraphs (g)(2) and (k) of this
section may be extended with the permission of the Assistant Attorney
General.
(m) The Department may delegate its authority for conducting
complaint investigations to other Federal agencies, except that the
authority for making the final determination may not be delegated.
(n) The Director shall respond to requests by the Architectural and
Transportation Barriers Compliance Board for information on the status
of any complaint alleging that buildings that are subject to the
Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), or
section 502 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
792), are not readily accessible and usable to individuals with
handicaps.
[52 FR 11606, Apr. 9, 1987; 52 FR 23967, June 26, 1987]
