49 CFR 27.11 - Remedial action, voluntary action and compliance planning.

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There is 1 rule appearing in the Federal Register for 49 CFR 27. View below or at eCFR (GPOAccess)
§ 27.11 Remedial action, voluntary action and compliance planning.
(a) Remedial action.
(1) If the responsible Departmental official finds that a qualified handicapped person has been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under, any program or activity in violation of this part, the recipient shall take such remedial action as the responsible Departmental official deems necessary to overcome the effects of the violation.
(2) Where a recipient is found to have violated this part, and where another recipient exercises control over the recipient that has violated this part, the responsible Departmental official, where appropriate, may require either or both recipients to take remedial action.
(3) The responsible Departmental official may, where necessary to overcome the effects of a violation of this part, require a recipient to take remedial action:
(i) With respect to handicapped persons who are no longer participants in the recipient's program or activity but who were participants in the program or activity when such discrimination occurred, and
(ii) With respect to handicapped persons who would have been participants in the program or activity had the discrimination not occurred.
(b) Voluntary action. A recipient may take steps, in addition to any action that is required by this part, to assure the full participation in the recipient's program or activity by qualified handicapped persons.
(c) Compliance planning.
(1) A recipient shall, within 90 days from the effective date of this part, designate and forward to the head of any operating administration providing financial assistance, with a copy to the responsible Departmental official the names, addresses, and telephone numbers of the persons responsible for evaluating the recipient's compliance with this part.
(2) A recipient shall, within 180 days from the effective date of this part, after consultation at each step in paragraphs (c)(2) (i)-(iii) of this section with interested persons, including handicapped persons and organizations representing the handicapped:
(i) Evaluate its current policies and practices for implementing these regulations, and notify the head of the operating administration of the completion of this evaluation;
(ii) Identify shortcomings in compliance and describe the methods used to remedy them;
(iii) Begin to modify, with official approval of recipient's management, any policies or practices that do not meet the requirements of this part according to a schedule or sequence that includes milestones or measures of achievement. These modifications shall be completed within one year from the effective date of this part;
(iv) Take appropriate remedial steps to eliminate the effects of any discrimination that resulted from previous policies and practices; and
(v) Establish a system for periodically reviewing and updating the evaluation.
(3) A recipient shall, for at least three years following completion of the evaluation required under paragraph (c)(2) of this section, maintain on file, make available for public inspection, and furnish upon request to the head of the operating administration:
(i) A list of the interested persons consulted;
(ii) A description of areas examined and any problems indentified; and
(iii) A description of any modifications made and of any remedial steps taken.
[44 FR 3l468, May 31, 1979, as amended at 68 FR 51390, Aug. 26, 2003]

Title 49 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-11-12; vol. 78 # 218 - Tuesday, November 12, 2013
    1. 78 FR 67882 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Final rule.
      This rule is effective December 12, 2013.
      14 CFR Parts 382 and 399

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United States Code

Title 49 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 27 after this date.

  • 2013-11-12; vol. 78 # 218 - Tuesday, November 12, 2013
    1. 78 FR 67882 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Final rule.
      This rule is effective December 12, 2013.
      14 CFR Parts 382 and 399