(a) Periodic compliance reviews. The Assistant Secretary shall from
time-to-time review the practices of recipients to determine whether
they are complying with this part.
(b) Adoption of grievance procedures. A recipient shall adopt an
internal review procedure incorporating appropriate due process
standards which provides for the prompt and equitable resolution of
complaints alleging any action prohibited by this part. The complainant
or his or her representative shall file the complaint with the recipient
for processing under those procedures. 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 Assistant Secretary for good
cause shown. The recipient shall maintain records on all complaints
filed alleging violation of the Act and shall make such records
available to the Assistant Secretary upon request. The complaint and all
actions take thereunder shall be kept confidential by the recipient. If
the complaint has not been resolved under those procedures
satisfactorily to the complainant within 60 days of the filing or
referral, the complainant or his or her representative may file a
complaint with
the Assistant Secretary within 30 days of the recipient level decision
or 90 days from the date of filing the complaint, whichever is earlier.
Upon such filing, the Assistant Secretary will proceed as provided in
this section. Exhaustion of recipient level procedures shall be required
except where:
(1) The recipient has not acted within the timeframe specified in
this section; or
(2) The recipient's procedures are not in compliance with this
section; or
(3) An emergency situation is determined to exist by the Assistant
Secretary.
(c) Complaints. Where recipient level procedures have been
exhausted, any person who believes he or she or any specific class of
individuals has been subjected to discrimination prohibited by this part
may (or through an authorized representative) file a written complaint
with the Assistant Secretary.
(d) Contents of complaints. Complaints must be signed by the
complainant or his or her authorized representative and must contain the
following information:
(1) Name and address (including telephone or TTY number) of the
complainant;
(2) Name and address of the recipient or sub-grantee who committed
the alleged violation;
(3) A description of the act or acts considered to be a violation;
(4) A statement that the individual is handicapped or has a history
of a handicap or other documentation of impairment or was regard by the
recipient as having an impairment; and
(5) Other pertinent information available which will assist in the
investigation and resolution of the complaint.
(e) Incomplete information. Where a complaint contains incomplete
information, the Assistant Secretary shall seek the needed information
or any other information which indicates a possible failure to comply
with this part from the complainant and shall be responsible for
developing a complete record. If such information is not provided within
60 days, the complaint may be closed upon notice to the parties.
(f) Resolution of matters. Where an investigation indicates that the
recipient has not complied with the requirements of the Act or this
part, efforts shall be made to secure compliance through conciliation
and persuasion within a reasonable time. Before the recipient or
subgrantee can be found to be in compliance, it must make a specific
commitment, in writing, to take corrective action to meet the
requirements of the Act and this part. The commitment must indicate the
precise action to be taken and dates for completion. The time period
allowed should be no longer than the minimum period necessary to effect
such changes. Upon approval of such commitment by the Assistant
Secretary, the recipient may be considered in compliance on condition
that the commitments are kept. Where the investigation indicates a
violation of the Act or regulations in this part (and the matter has not
been resolved by informal means), the Assistant Secretary shall afford
the recipient an opportunity for a hearing in accordance with
Sec. 32.47.
(g) Intimidatory or retaliatory acts prohibited. The sanctions and
penalties contained in this regulation may be exercised by the Assistant
Secretary against any recipient or sub-grantee who fails to take all
necessary steps to ensure that no person intimidates, threatens, coerces
or discriminates against any individual for the purpose of interfering
with the filing of a complaint, furnishing information, or assisting or
participating in any manner in an investigation, compliance review,
hearing, or any other activity related to the administration of the Act.
