(a) The procedures that a recipient adopts and publishes must
provide that the recipient will issue a written Notice of Final Action
on discrimination complaints within 90 days of the date on which the
complaint is filed.
(b) At a minimum, the procedures must include the following
elements:
(1) Initial, written notice to the complainant that contains the
following information:
(i) An acknowledgment that the recipient has received the
complaint, and
(ii) Notice that the complainant has the right to be represented in
the complaint process;
(2) A written statement of the issue(s), provided to the
complainant, that includes the following information:
(i) A list of the issues raised in the complaint, and
(ii) For each such issue, a statement whether the recipient will
accept the issue for investigation or reject the issue, and the reasons
for each rejection;
(3) A period for fact-finding or investigation of the circumstances
underlying the complaint;
(4) A period during which the recipient attempts to resolve the
complaint. The methods available to resolve the complaint must include
alternative dispute resolution (ADR), as described in paragraph (c) of
this section
(5) A written Notice of Final Action, provided to the complainant
within 90 days of the date on which the complaint was filed, that
contains the following information:
(i) For each issue raised in the complaint, a statement of either:
(A) The recipient's decision on the issue and an explanation of the
reasons underlying the decision, or
(B) A description of the way the parties resolved the issue; and
(ii) Notice that the complainant has a right to file a complaint
with CRC within 30 days of the date on which the Notice of Final Action
is issued if he or she is dissatisfied with the recipient's final
action on the complaint.
(c) The procedures the recipient adopts must provide for
alternative dispute resolution (ADR). The recipient's ADR procedures
must provide that:
(1) The choice whether to use ADR or the customary process rests
with the complainant;
(2) A party to any agreement reached under ADR may file a complaint
with the Director in the event the agreement is breached. In such
circumstances, the following rules will apply:
(i) The non-breaching party may file a complaint with the Director
within 30 days of the date on which the non-breaching party learns of
the alleged breach;
(ii) The Director must evaluate the circumstances to determine
whether the agreement has been breached. If he or she determines that
the agreement has been breached, the complainant may file a complaint
with CRC based upon his/her original allegation(s), and the Director
will waive the time deadline for filing such a complaint.
(3) If the parties do not reach an agreement under ADR, the
complainant may file a complaint with the Director as described in
Secs. 37.71 through 37.74.
