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.
The agency 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).
The Executive Director shall be responsible for coordinating implementation of this section. Complaints may be sent to Executive Director, Occupational Safety and Health Review Commission, One Lafayette Centre, 1120-20th Street NW., 9th Floor, Washington, DC 20036-3419.
The agency shall accept and investigate all complete complaints for
which it has jurisdiction. All complete complaints must be filed within 180
days of the alleged act of discrimination. The agency may extend this time
period for good cause.
If the agency 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.
The agency 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), or section 502 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 792), is not readily accessible to and usable by handicapped
Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the complainant of the results of the investigation in a letter containing
Findings of fact and conclusions of law;
A description of a remedy for each violation found; and
A notice of the right to appeal.
Appeals of the findings of fact and conclusions of law or remedies must be
filed by the complainant within 90 days of receipt from the agency of the letter required by §2205.170(g). The agency may extend this time for good cause.
Timely appeals shall be accepted and processed by the head of the agency.
The head of the agency shall notify the complainant of the results of
the appeal within 60 days of the receipt of the request. If the head of the agency determines that additional information is needed from the complainant, he or she shall have 60 days from the date of receipt of the additional information to make his or her determination on the appeal.
The time limits cited in paragraphs (g) and (j) of this section may be
extended with the permission of the Assistant Attorney General.
The agency 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.
[51 FR 22892, 22892, June 23, 1886, as amended at 51 FR 22892, June 33, 1986; 58 FR 26066, Apr. 30, 1993]