(a) Periodic compliance reviews. The Secretary shall from time to
time review the practices of recipients to determine whether they are
complying with this part.
(b) Complaints. Any person who believes himself or any specific
class of individuals to be subjected to discrmination prohibited by this
part may by himself or by a representative file with the Secretary a
written complaint. A complaint must be filed not later than 180 days
from the date of the alleged discrimination, unless the time for filing
is extended by the Secretary.
(c) Investigations. The Secretary will make a prompt investigation
whenever a compliance review, report, complaint, or any other
information indicates a possible failure to comply with this part. The
investigation should include, where appropriate, a review of the
pertinent practices and policies of the recipient, the circumstances
under which the possible noncompliance with
this part occurred, and other factors relevant to a determination as to
whether the recipient has failed to comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) indicates a failure to comply with this part, the
Secretary will so inform the recipient and the matter will be resolved
by informal means whenever possible. If it has been determined that the
matter cannot be resolved by informal means, action will be taken as
provided for in Sec. 31.8.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) the Secretary will so inform the recipient and the
complainant, if any, in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or
other person shall intimidate, threaten, coerce or discriminate against
any individual for the purpose of interfering with any right or
privilege secured by section 601 of the Act or this part, or because he
has made a complaint, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under this part. The
identity of complainant shall be kept confidential except to the extent
necessary to carry out the purposes of this part, including the conduct
of any investigation, hearing, or judicial proceeding arising
thereunder.
[29 FR 16284, Dec. 4, 1964. Redesignated and amended at 38 FR 17958,
July 5, 1973]
