Sec. 1.1870 Compliance procedures.
(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 the Commission.
(b) The Commission shall process complaints alleging violations of
section 504 with respect to employment according to the procedures
established by the Equal Employment Opportunity Commission in 29 CFR
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973, 29
U.S.C. 791.
(c) The Managing Director shall be responsible for coordinating
implementation of this section. Complaints may be sent to the
Handicapped Coordinator, Office of Managing Director, Federal
Communications Commission, 1919 M Street NW., Room 852, Washington, DC
20554.
(d) Acceptance of complaint. (1) The Commission shall accept and
investigate all complete complaints for which it has jurisdiction. All
complete complaints must be filed within one-hundred eighty (180) days
of the alleged act of discrimination. The Commission may extend this
time period for good cause.
(2) If the Commission receives a complaint that is not complete, the
complainant will be notified within thirty (30) days of receipt of the
incomplete complaint that additional information is needed. If the
complainant fails to complete the complaint within thirty (30) days of
receipt of this notice, the Commission shall dismiss the complaint
without prejudice.
(e) If the Commission receives a complaint over which it does not
have jurisdiction, it shall promptly notify the complainant and shall
make reasonable efforts to refer the complaint to the appropriate
government entity.
(f) The Commission shall notify the Architectural and Transportation
Barriers Compliance Board upon receipt 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.
(g) Within one-hundred eighty (180) days of the receipt of a
complete complaint for which it has jurisdiction, the
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Commission shall notify the complainant of the results of the
investigation in a letter containing--
(1) Findings of fact and conclusions of law;
(2) A description of a remedy for each violation found; and
(3) A notice of the right to appeal.
(h) Appeals of the findings of fact and conclusions of law or
remedies must be filed by the complainant within ninety (90) days of
receipt from the Commission of the letter required by Sec. 1.1870(g).
The Commission may extend this time for good cause.
(i) Timely appeals shall be accepted and processed by the Office of
the Secretary, Federal Communications Commission, 1919 M Street NW.,
Room 202, Washington, DC 20554.
(j) The Commission shall notify the complainant of the results of
the appeal within sixty (60) days of the receipt of the request. If the
Commission determines that it needs additional information from the
complainant, it shall have sixty (60) days from the date it receives the
additional information to make its determination on the appeal.
(k) The time limits cited in paragraphs (g) and (j) of this section
may be extended with the permission of the Assistant Attorney General.
(l) The Commission 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 to
another agency.
Secs. 1.1871-1.1899 [Reserved]
Subpart O--Collection of Claims Owed the United States
Authority: 31 U.S.C. 3701; 31 U.S.C. 3711 et seq.; 5 U.S.C. 5514; 4
CFR parts 101-105; 5 CFR part 550.
Source: 54 FR 403 , Jan. 6, 1989, unless otherwise noted.
General Provisions
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