28 CFR 35.172 - Investigations and compliance reviews.

§ 35.172 Investigations and compliance reviews.

(a) The designated agency shall investigate complaints for which it is responsible under § 35.171.

(b) The designated agency may conduct compliance reviews of public entities in order to ascertain whether there has been a failure to comply with the nondiscrimination requirements of this part.

(c) Where appropriate, the designated agency shall attempt informal resolution of any matter being investigated under this section, and, if resolution is not achieved and a violation is found, issue to the public entity and the complainant, if any, a Letter of Findings that shall include -

(1) Findings of fact and conclusions of law;

(2) A description of a remedy for each violation found (including compensatory damages where appropriate); and

(3) Notice of the rights and procedures available under paragraph (d) of this section and §§ 35.173 and 35.174.

(d) At any time, the complainant may file a private suit pursuant to section 203 of the Act, 42 U.S.C. 12133, whether or not the designated agency finds a violation.

[AG Order No. 3180-2010, 75 FR 56184, Sept. 15, 2010]

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.

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United States Code

Title 28 published on 2015-11-24

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 28 CFR Part 35 after this date.

  • 2016-08-11; vol. 81 # 155 - Thursday, August 11, 2016
    1. 81 FR 53204 - Amendment of Americans With Disabilities Act Title II and Title III Regulations To Implement ADA Amendments Act of 2008
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Office of the Attorney General
      Final rule.
      This rule will take effect October 11, 2016.
      28 CFR Parts 35 and 36