Goto Section: 1.1851 | 1.1901 | Table of Contents
FCC 1.1870
Revised as of October 1, 2006
Goto Year:2005 |
2007
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 disability 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 1614 pursuant to
section 501 of the Rehabilitation Act of 1973, 29 U.S.C. 791.
(c) Complaints alleging violation of section 504 with respect to the
Commission's programs and activities shall be addressed to the Managing
Director and filed with the Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Room TWB–204, Washington, DC 20554.
(d) Acceptance of complaint. (1) The Commission shall accept and investigate
all complete complaints, as defined in Sec. 1.1803 of this part, for which it
has jurisdiction. All such 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 as defined
in Sec. 1.1803 of this part, 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 disabilities.
(g) Within one-hundred eighty (180) days of the receipt of a complete
complaint, as defined in Sec. 1.1803, for which it has jurisdiction, the
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, 445 12th Street, SW., Room
TWB–204, 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 appeal request. If the
Commission determines that it needs additional information from the
complainant, and requests such information, the Commission 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 (g) and (j) of this section may be extended
with the permission of the General Counsel.
(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.
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; sec.
8(1) of E.O. 11609 (3 CFR, 1971–1975 Comp., p.586); redesignated in sec.
2–1 of E.O. 12107; (3 CFR, 1978 Comp., p. 264); 31 CFR parts 901–904; 5 CFR
part 550.
Source: 69 FR 27848 , May 17, 2004, unless otherwise noted.
General Provisions
Goto Section: 1.1851 | 1.1901
Goto Year: 2005 |
2007
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