(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 and activities conducted by the
(b) 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 ).
(c) All other complaints alleging violations of
section 504 may be sent to the Director, Office of
Equal Opportunity Program, Department of the
Treasury, 1500 Pennsylvania Avenue, NW.,
Washington, DC 20220. The Deputy Assistant
Secretary for Departmental Finance and Management
shall be responsible for coordinating
implementation of this section.
(d) (1) Any person who believes that he or she
has been subjected to discrimination prohibited by
this part may by him or herself or by his or her
authorized representative file a complaint. 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) The agency shall accept and investigate all
complete complaints over which it has
(3) 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.
(e) If the agency receive 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 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. 4151-415 7), is not readily accessible
to and usable by individuals with handicaps.
(g) (1) Within 180 days of the receipt of a
complete complaint over which it has jurisdiction,
the agency shall notify the complainant of the
results of the investigation in a letter
(i) Findings of fact and conclusions of
(ii) A description of a remedy for each
violation found; and
(iii) A notice of the right to appeal.
(2) Agency employees are required 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 the course of regular duty
(3) 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. The
written agreement shall describe the subject
matter of the complaint and any corrective action
to which the parties have agreed.
(h) Appeals of the findings of fact and
conclusions of law or remedies must be filed by
the complainant within 60 days of receipt from the
agency of the letter required by § 17.170(g). The
agency may extend this time for good cause.
(i) Timely appeals shall be accepted and
processed by the Director, Human Resources
Directorate, or his or her designee, who will
issue the final agency decision which may include
appropriate corrective action to be taken by the
(j) The agency shall notify the complainant of
the results of the appeal within 30 days of the
receipt of the appeal. If the agency determines
that it needs additional information from the
complainant, it shall have 30 days from the date
it received the additional information to make its
determination on the appeal.
(k) (j) e limits cited in paragraphs (g) and
(j) of this section may be extended for an
individual case when the Assistant Secretary for
Departmental Finance and Management determines
that there is good cause, based on the particular
circumstances of that case, for the extension.
(l) The agency may delegate its authority for
conducting complaint investigations to other
Federal agencies or may contract with a
nongovernment investigator to perform the
investigation, but the authority for making the
final determination may not be delegated to
Title 31 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.