[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR136]
[Page 501-509]
TITLE 13--BUSINESS CREDIT AND ASSISTANCE
CHAPTER I--SMALL BUSINESS ADMINISTRATION
PART 136_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN
PROGRAMS OR ACTIVITIES CONDUCTED BY THE SMALL BUSINESS ADMINISTRATION
--Table of Contents
Sec.
136.101 Purpose.
136.102 Application.
136.103 Definitions.
136.104-136.109 [Reserved]
136.110 Self-evaluation.
136.111 Notice.
136.112-136.129 [Reserved]
136.130 General prohibition against discrimination.
136.131-136.139 [Reserved]
136.140 Employment.
136.141-136.148 [Reserved]
136.149 Program accessibility: Discrimination prohibited.
136.150 Program accessibility: Existing facilities.
136.151 Program accessibility: New construction and alterations.
136.152-136.159 [Reserved]
136.160 Communications.
136.161-136.169 [Reserved]
136.170 Compliance procedures.
Authority: 29 U.S.C. 794.
Source: 53 FR 19760, May 31, 1988, unless otherwise noted.
Sec. 136.101 Purpose.
The purpose of this part is to effectuate section 119 of the
Rehabilitation, Comprehensive Services, and Developmental Disabilities
Amendments of 1978, which amended section 504 of the Rehabilitation Act
of 1973 to prohibit discrimination on the basis of handicap in programs
or activities conducted by Executive agencies or the United States
Postal Service.
Sec. 136.102 Application.
This part applies to all programs or activities conducted by the
Small Business Administration except for programs or activities
conducted outside the United States that do not involve individuals with
handicaps in the United States.
Sec. 136.103 Definitions.
For purposes of this part, the term--
Agency means the Small Business Administration.
Assistant Attorney General. Assistant Attorney General means the
Assistant Attorney General, Civil Rights Division, United States
Department of Justice.
Auxiliary aids means services or devices that enable persons with
impaired sensory, manual, or speaking skills to have an equal
opportunity to participate in, and enjoy the benefits of, programs or
activities conducted by the Agency. For example, auxiliary aids useful
for persons with impaired vision include readers, Brailled materials,
audio recordings, and other similar services and devices. Auxiliary aids
useful for persons with impaired hearing include telephone handset
amplifiers, telephones compatible with hearing aids, telecommunication
devices for deaf persons (TDD's), interpreters, notetakers, written
materials, and other similar services and devices.
Complete complaint means a written statement that contains the
complainant's name and address and describes the Agency's alleged
discriminatory actions in sufficient detail to inform the Agency of the
nature and date of the alleged violation of section 504. It shall be
signed by the complainant or by someone authorized to do so on his or
her behalf. Complaints filed on behalf of classes or third parties shall
describe or identify (by name, if possible) the alleged victims of
discrimination.
Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property.
Individual with handicaps means any person who has a physical or
mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having
such an impairment. As used in this definition, the phrase:
(1) Physical or mental impairment includes--
(i) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
Neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin; and endocrine; or
[[Page 502]]
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The term physical or mental impairment
includes, but is not limited to, such diseases and conditions as
orthopedic, visual, speech, and hearing impairments, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, and drug addiction and
alcoholism.
(2) Major life activities includes functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or
has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(4) Is regarded as having an impairment means--
(i) Has a physical or mental impairment that does not substantially
limit major life activities but is treated by the Agency as constituting
such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in paragraph (1) of this
definition but is treated by the Agency as having such an impairment.
Qualified individual with handicaps means--
(1) With respect to any Agency program or activity under which a
person is required to perform services or to achieve a level of
accomplishment, an individual with handicaps who meets the essential
eligibility requirements and who can achieve the purpose of the program
or activity without modifications in the program or activity that the
Agency can demonstrate would result in a fundamental alteration in its
nature;
(2) With respect to any other program or activity, an individual
with handicaps who meets the essential eligibility requirements for
participation in, or receipt of benefits from, that program or activity;
and
(3) For purposes of employment, a person who qualifies under the
definition contained at 29 CFR 1613.702(f), which is made applicable to
this part by Sec. 136.140.
Respondent means the organizational unit in which a complainant
alleges that discrimination occurred.
Section 504 means section 504 of the Rehabilitation Act of 1973
((Pub. L. 93-112, 87 Stat. 394) (29 U.S.C. 794)), as amended by the
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617),
and the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955) and the
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810).
As used in this part, section 504 applies only to programs or activities
conducted by SBA and not to activities of recipients of assistance from
SBA.
Sec. Sec. 136.104-136.109 [Reserved]
Sec. 136.110 Self-evaluation.
(a) The Agency shall, by July 17, 1989, evaluate its current
policies and practices, and the effects thereof, that do not or may not
meet the requirements of this part, and, to the extent modification of
any such policies and practices is required, the Agency shall proceed to
make the necessary modifications.
(b) The Agency shall provide an opportunity to interested persons,
including individuals with handicaps or organizations representing
individuals with handicaps, to participate in the self-evaluation
process by submitting comments (both oral and written).
(c) The Agency shall, for at least three years following the self-
evaluation, maintain on file and make available for public inspection:
(1) A description of areas examined and any problems identified; and
(2) A description of any modifications made.
Sec. 136.111 Notice.
The Agency shall make available to employees, applicants,
participants, beneficiaries, and other interested persons such
information regarding the
[[Page 503]]
provisions of this part and its applicability to the programs or
activities conducted by the Agency, and make such information available
to them in such manner as the Administrator finds necessary to apprise
such persons of the protections against discrimination assured them by
section 504 and this part.
Sec. Sec. 136.112-136.129 [Reserved]
Sec. 136.130 General prohibition against discrimination.
(a) No qualified individual with handicaps shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or
activity conducted by the Agency.
(b) The Agency, in providing any aid, benefit, or service, may not,
directly or through contractual, licensing, or other arrangements, on
the basis of handicap:
(1) Deny a qualified individual with handicaps the opportunity to
participate in or benefit from the aid, benefit, or service;
(2) Afford a qualified individual with handicaps an opportunity to
participate in or benefit from the aid, benefit, or service that is not
equal to that afforded others;
(3) Provide a qualified individual with handicaps with an aid,
benefit, or service that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement as that provided to others;
(4) Provide different or separate aid, benefits, or services to
individuals with handicaps or to any class of individuals with handicaps
than is provided to others unless such action is necessary to provide
qualified individuals with handicaps with aid, benefits, or services
that are as effective as those provided to others;
(5) Deny a qualified individual with handicaps the opportunity to
participate as a member of planning, voluntary (such as SCORE or Ace) or
advisory boards; or
(6) Otherwise limit a qualified individual with handicaps in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving the aid, benefit, or service.
(c) The Agency shall permit a qualified individual with handicaps
the opportunity to participate in any of the Agency's programs or
activities, despite the existence of permissibly separate or different
programs or activities especially designed to accommodate qualified
individuals with handicaps.
(d) The Agency may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration the purpose
of effect of which would--
(1) Subject qualified individuals with handicaps to discrimination
on the basis of handicap; or
(2) Defeat or substantially impair accomplishment of the objectives
of a program or activity with respect to individuals with handicaps.
(e) The Agency may not, in determining the site or location of a
facility, make selections the purpose or effect of which would:
(1) Exclude individuals with handicaps from, deny them the benefits
of, or otherwise subject them to discrimination under any program or
activity conducted by the Agency; or
(2) Defeat or substantially impair the accomplishment of the
objectives of a program or activity with respect to individuals with
handicaps.
(f) The Agency, in the selection of procurement contactors, may not
use criteria that subject qualified individuals with handicaps to
discrimination on the basis of handicap.
(g) The Agency may not administer a licensing or certification
program in a manner that subjects qualified individuals with handicaps
to discrimination on the basis of handicap, nor may the Agency establish
requirements for the programs or activities of licensees or certified
entities that subject qualified individuals with handicaps to
discrimination on the basis of handicap. However, the programs or
activities of entities that are licensed or certified by the Agency are
not, themselves, covered by this part.
(h) The exclusion of individuals without handicaps from the benefits
of a program limited by Federal statute or Executive Order to
individuals with handicaps or the exclusion of a specific
[[Page 504]]
class of individuals with handicaps from a program limited by Federal
statute or Executive Order to a different class of individuals with
handicaps is not prohibited by this part.
(i) The Agency shall administer programs and activities in the most
integrated setting appropriate to the needs of qualified individuals
with handicaps.
Sec. Sec. 136.131-136.139 [Reserved]
Sec. 136.140 Employment.
(a) No qualified individual with handicaps shall, on the basis of
handicap, be subjected to discrimination in employment under any
program, or activity conducted by the Agency.
(b) The definitions, requirements and procedures of section 501 of
the Rehabilitation Act of 1973 (29 U.S.C. 791) as established by the
EEOC in 29 CFR part 1613, shall apply to employment in federally
conducted programs or activities.
Sec. Sec. 136.141-136.148 [Reserved]
Sec. 136.149 Program accessibility: Discrimination prohibited.
Except as otherwise provided in Sec. 136.150, no qualified
individual with handicaps shall, because the Agency's facilities are
inaccessible to or unusable by individuals with handicaps, be denied the
benefits of, be excluded from participation in, or otherwise be
subjected to discrimination under any program or activity conducted by
the Agency.
Sec. 136.150 Program accessibility: Existing facilities.
(a) General. The Agency shall operate each program or activity so
that the program or activity, when viewed in its entirety, is readily
accessible to and usable by individuals with handicaps. This paragraph
does not--
(1) Necessarily require the Agency to make each of its existing
facilities accessible to and usable by individuals with handicaps; or
(2) Require the Agency to take any action that it can demonstrate
would result in a fundamental alteration in the nature of a program or
activity or in undue financial and administrative burdens. In those
circumstances where Agency personnel believe that the proposed action
would fundamentally alter the program or activity or would result in
undue financial and administrative burdens, the Agency has the burden of
proving that compliance with Sec. 136.150(a) would result in such
alteration or burdens. The decision that compliance would result in such
alteration or burdens must be made by the Administrator or Deputy
Administrator after considering all Agency resources available for use
in the funding and operation of the conducted program or activity and
must be accompanied by a written statement of the reasons for reaching
that conclusion. The Administrator or Deputy Administrator's decision
shall be made within 30 days of the initial decision by Agency personnel
that an action would result in such an alteration or burdens. If an
action would result in such an alteration or such burdens, the Agency
shall take any other action that would not result in such an alteration
or such burdens but would, nevertheless, ensure that individuals with
handicaps receive the benefits and services of the program or activity.
(b) Methods. The Agency may comply with the requirements of this
section through such means as redesign of equipment, reassignment of
services to accessible buildings, assignment of aids to beneficiaries,
home visits, delivery of services at alternate accessible sites,
alteration of existing facilities and construction of new facilities,
use of accessible rolling stock, or any other methods that result in
making its programs or activities readily accessible to and usable by
individuals with handicaps. The Agency is not required to make
structural changes in existing facilities where other methods are
effective in achieving compliance with this section. The Agency, in
making alterations to existing buildings, shall meet accessibility
requirements to the extent compelled by the Architectural Barriers Act
of 1968, as amended (42 U.S.C. 4151-4157), and any regulations
implementing it. In choosing among available methods for meeting the
requirements of this section, the Agency shall give priority to those
methods that offer programs and activities to qualified individuals with
handicaps in
[[Page 505]]
the most integrated setting appropriate.
(c) Time period for compliance. The Agency shall comply with the
obligations established under this section by September 13, 1988, except
that where structural changes in facilities are undertaken, such changes
shall be made by July 15, 1991, but in any event as expeditiously as
possible.
(d) Transition plan. In the event that structural changes to
facilities will be undertaken to achieve program accessibility, the
Agency shall develop, by January 16, 1989, a transition plan setting
forth the steps necessary to complete such changes. The Agency shall
provide an opportunity to interested persons, including individuals with
handicaps or organizations representing individuals with handicaps, to
participate in the development of the transition plan by submitting
comments (both oral and written). A copy of the transition plan shall be
made available for public inspection. The plan shall, at a minimum:
(1) Identify physical obstacles in the Agency's facilities that
limit the accessibility of its programs or activities to individuals
with handicaps;
(2) Describe in detail the methods that will be used to make the
facilities accessible;
(3) Specify the schedule for taking the steps necessary to achieve
compliance with this section and, if the time period of the transition
plan is longer than one year, identify steps that will be taken during
each year of the transition period; and
(4) Indicate the official responsible for implementation of the
plan.
Sec. 136.151 Program accessibility: New construction and alterations.
Each building or part of a building that is constructed or altered
by, on behalf if, or for the use of the Agency shall be designed,
constructed, or altered so as to be readily accessible to and usable by
individuals with handicaps. The definitions, requirements, and standards
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established
in 41 CFR 101-19.600--101-19.607, apply to buildings covered by this
section.
Sec. Sec. 136.152-136.159 [Reserved]
Sec. 136.160 Communications.
(a) The Agency shall take appropriate steps to ensure effective
communication with applicants, participants, personnel of other Federal
entities, and members of the public.
(1) The Agency shall furnish appropriate auxiliary aids where
necessary to afford an individual with handicaps an equal opportunity to
participate in, and enjoy the benefits of, a program or activity
conducted by the Agency.
(i) In determining what type of auxiliary aid is necessary, the
Agency shall give primary consideration to the requests of the
individual with handicaps.
(ii) The Agency need not provide individually prescribed devices,
readers for personal use or study, or other devices of a personal
nature.
(2) Where the Agency communicates with applicants and beneficiaries
by telephone, telecommunication devices for deaf persons (TDD's) or
equally effective telecommunication systems shall be used.
(b) The Agency shall ensure that interested persons, including
persons with impaired vision or hearing, can obtain information as to
the existence and location of accessible services, activities, and
facilities.
(c) The Agency shall provide a sign at each primary entrance to each
of its inaccessible facilities, directing users to a location at which
they can obtain information about accessible facilities. The
international symbol for accessibility shall be used at each primary
entrance of an accessible facility.
(d) This section does not require the Agency to take any action that
it can demonstrate would result in a fundamental alteration in the
nature of a program or activity or in undue financial and administrative
burdens. In those circumstances where Agency personnel believe that the
proposed action would fundamentally alter the program or activity or
would result in undue financial and administrative burdens, the Agency
has the burden of proving that compliance with Sec. 136.160 would
result in such alteration or burdens. The decision that compliance would
result in such alteration or burdens must be
[[Page 506]]
made by the Administrator or Deputy Administrator after considering all
Agency resources available for use in the funding and operation of the
conducted program or activity and must be accompanied by a written
statement of the reasons for reaching that conclusion. The Administrator
or Deputy Administrator's decision shall be made within 30 days of the
initial decision by Agency personnel that an action would result in such
an alteration or burdens. If an action required to comply with this
section would result in such as alteration or such burdens, the Agency
shall take any other action that would not result in such an alteration
or such burdens but would nevertheless ensure that, to the maximum
extent possible, individuals with handicaps receive the benefits and
services of the program or activity.
Sec. Sec. 136.161-136.169 [Reserved]
Sec. 136.170 Compliance procedures.
(a) Applicability. 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 the Agency.
(b) Employment complaints. The Agency shall process complaints
alleging violations of section 504 with respect to employment according
to the procedures established by EEOC in 29 CFR part 1613 pursuant to
section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).
(c) Filing a complaint--(1) Who may file. Any person who believes
that he or she has been subjected to discrimination prohibited by this
part may file a complaint. An authorized representative of such person
may file a complaint on his or her behalf. Any person who believes that
any specific class of persons has been subjected to discrimination
prohibited by this part and who is a member of that class, or the
authorized representative of a member of that class, may file a
complaint.
(2) Confidentiality. The Chief, Office of Civil Rights Compliance
(OCRC), shall hold in confidence the identity of any person submitting a
complaint, unless the person submits written authorization otherwise,
except to the extent necessary to carry out the purposes of this part,
including the conduct of any investigation, hearing, or proceeding under
this part, or to cooperate with the Office of Inspector General in the
performance of its responsibilities under the Inspector General Act of
1978, as amended.
(3) When to file. Complaints shall be filed within 180 days of the
alleged act of discrimination, except when this deadline is extended by
the Chief, OCRC, for good cause shown. For purposes of determining when
a complaint is timely filed under this paragraph, a complaint mailed to
the Agency shall be deemed filed on the date it is postmarked. Any other
complaint shall be deemed filed on the date it is received by the
Agency.
(4) How to file. Complaints may be delivered or mailed to the Chief,
OCRC, Small Business Administration, 1441 L Street NW.--Room 501,
Washington, DC 20416. Any other SBA official receiving a complaint under
this part shall forward such complaint immediately to the Chief, OCRC.
(d) Notification to the Architectural and Transportation Barriers
Compliance Board. The agency shall promptly send to the Architectural
and Transportation Barriers Compliance Board a copy of any complaint
alleging that a building or facility that is subject to the
Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151-4157 is
not readily accessible to and usable by individuals with handicaps.
(e) Acceptance of complaint. (1) The Chief, OCRC, shall accept a
complete complaint that is filed in accordance with paragraph (c) of
this section and over which the Agency has jurisdiction. The Chief,
OCRC, shall notify the complainant and the respondent of receipt and
acceptance of the complaint.
(2) If the Chief, OCRC, receives a complaint that is not complete,
he or she shall notify the complainant, within 30 days of receipt of the
incomplete complaint, that additional information is needed. If the
complainant fails to furnish the necessary information within 30 days of
receipt of this notice, the Chief, OCRC, shall dismiss the complaint
without prejudice.
(3) If the Chief, OCRC, receives a complaint over which the Agency
does
[[Page 507]]
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.
(f) Investigation/Conciliation. (1) Within 180 days of the receipt
of a complete complaint the Chief, OCRC, shall complete the
investigation of the complaint and attempt informal resolution. If no
informal resolution is achieved, the Chief, OCRC, shall issue a letter
of findings.
(2) The Chief, OCRC, may require Agency employees to cooperate in
the investigation and attempted resolution of complaints. Employees who
are required to participate in any investigation under this section
shall do so as part of their official duties and during regular duty
hours.
(3) The Chief, OCRC, shall furnish the complainant and the
respondent with a copy of the investigative report and provide the
complainant and respondent with an opportunity for informal resolution
of the complaint.
(4) If a complaint is resolved informally, the terms of the
agreement shall be reduced to writing and made part of the complaint
file, with a copy of the agreement provided to the complainant and
respondent. The written agreement may include a finding on the issue of
discrimination and shall describe any corrective action to which the
complainant and respondent have agreed.
(g) Letter of findings. If an informal resolution of the complaint
is not reached, the Chief, OCRC, shall, within 180 days of receipt of
the complete complaint, notify the complainant, the respondent and the
Director, Office of Equal Employment Opportunity and Compliance (OEEOC),
of the results of the investigation in a letter sent by certified mail,
return receipt requested, and containing--
(1) Findings of fact and conclusions of law;
(2) A description of a remedy for each violation found;
(3) A notice of the right of the complainant and respondent to
appeal to the Director, OEEOC; and
(4) A notice of the right of the complainant and respondent to
request a hearing.
The letter of findings becomes the final Agency decision if neither
party files an appeal within the time prescribed in paragraph (h)(1) of
this section. The Chief, OCRC, shall certify that the letter of findings
is the final Agency decision on the complaint at the expiration of that
time.
(h) Filing an appeal. (1) Any notice of appeal to the Director,
OEEOC, with or without a request for hearing, shall be filed by the
complainant or the respondent in writing with the Chief, OCRC, within 30
days of receipt from him or her of the letter required by paragraph (g)
of this section. The notice shall be accompanied by a certificate of
service attesting that the party has served a copy of his or her notice
of appeal on all other parties to the proceeding. The Director, OEEOC,
may extend this time limit for good cause shown pursuant to the
procedure in paragraph (h)(3) of this section.
(2) If a timely notice of appeal without a request for hearing is
filed, any other party may file a written request for hearing within the
time limit specified in paragraph (h)(1) of this section or within 10
days of his or her receipt of such notice of appeal, whichever is later.
(3) A party may appeal to the Director, OEEOC, from a decision of
the Chief, OCRC, that an appeal is untimely. This appeal shall be filed
with the Director, OEEOC, within 15 days of receipt of the decision from
the Chief, OCRC.
(4) Any request for hearing will be construed as a request for an
oral hearing. The complainant's failure to file a timely request for a
hearing in accordance with this part shall constitute waiver of the
right to a hearing, but shall not preclude his or her submitting written
information and argument to the Director, OEEOC, in connection with his
or her notice of appeal.
(i) Acceptance of appeal. The Chief, OCRC, shall accept and process
any timely filed appeal.
(1) If a notice of appeal is filed but no party requests a hearing,
the Chief, OCRC, shall promptly transmit the complaint file, the letter
of findings and the notice of appeal to the Director, OEEOC.
[[Page 508]]
(2) If a notice of appeal if filed and a party makes a timely
request for a hearing, the Chief, OCRC, will transmit the notice of
appeal, the request for hearing and the investigative file to the Office
of Hearings and Appeals which office will assign the case to an
administrative judge who will conduct a hearing in accordance with the
procedures contained in 13 CFR part 134.
(j) Decision. (1) Where no request for a hearing is made, the
Director, OEEOC, shall make the final Agency decision based on the
contents of the complaint file, the letter of findings, the notice of
appeal, and any responses to the notice of appeal filed by other
parties. The decision shall be made within 60 days of receipt of the
appeal or any response to the notice of appeal, whichever is applicable.
If the Director, OEEOC, determines that he or she needs additional
information from any party, he or she shall request the information and
provide the other party or parties an opportunity to respond to that
information. The Director, OEEOC, shall have 60 days from receipt of the
additional information or responses to such additional information,
whichever is later, to make the decision. The Director, OEEOC, shall
transmit his or her decision in writing to the parties. The decision
shall set forth the findings, remedial actions, and reasons for the
decision.
(2) Where a request for a hearing has been made, the administrative
judge shall issue an initial decision, in writing, based on the hearing
record, composed of the proposed findings of fact, conclusions of law,
and remedies, to the parties and to the Director, OEEOC, within 30 days
after receipt of the hearing transcripts, or within 30 days after the
conclusion of the hearing if no transcript is made. This time limit may
be extended with the permission of the Director, OEEOC. The decision of
the administrative judge shall be deemed to be the final decision of the
Agency after 30 days, unless a party files a petition for review with
the Director, OEEOC, pursuant to 13 CFR 134.228(a) or the Director,
OEEOC, issues an order stating his or her decision to review the initial
decision, pursuant to 13 CFR 134.228(a). See 13 CFR 134.227(b).
(3) Where a petition for review is filed or a review is ordered by
the Director, OEEOC, the Director, OEEOC, shall make the final decision
of the Agency based on information in the complaint file, the letter of
findings, the hearing record, the initial decision, the petition for
review, and any responses to the petition or order. The decision shall
be made within 60 days of receipt of the petition for review, the order,
or any responses to such petition or order, whichever is later. If the
Director, OEEOC, determines that he or she needs additional information
from any party, he or she shall request the information and provide the
other party or parties an opportunity to respond to that information.
The Director, OEEOC, shall have 60 days from receipt of the additional
information or responses to such additional information, whichever is
later, to make the decision. The Director, OEEOC, shall transmit his or
her decision by letter to the parties. The decision shall set forth the
findings, recommended remedial actions, and reasons for the decision.
The decision shall adopt, reject, or modify the initial decision of the
administrative judge. If the decision is to reject or modify the initial
decision, the decision letter shall set forth in detail the specific
reasons for the rejection or modification.
(4) Any respondent required to take action under the terms of the
decision of the Agency shall do so promptly. The Chief, OCRC, may
require periodic compliance reports specifying:
(i) The manner in which compliance with the provisions of the
decision has been achieved;
(ii) The reasons any action required by the final decision has not
been taken; and
(iii) The steps being taken to ensure full compliance.
(k) The time limit cited in paragraph (f) of this section may be
extended with the permission of the Assistant Attorney General.
(l) The Agency may delegate its authority for conducting complaint
investigations to other Federal agencies, except that the authority for
making
[[Page 509]]
the final determination may not be delegated to another agency.
[53 FR 19760, May 31, 1988, as amended at 61 FR 2691, Jan. 29, 1996]