§  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) Address for filing complaints. 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 at the FCC's main office, located at the address
   indicated in 47 CFR 0.401(a).

   (d) Acceptance of complaint. (1) The Commission shall accept and
   investigate all complete complaints, as defined in § 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 § 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 United States Access 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 § 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 § 1.1870(g). The
   Commission may extend this time for good cause.

   (i) Address for filing appeals. Timely appeals shall be accepted and
   processed by the Office of the Secretary at the FCC's main office,
   located at the address indicated in 47 CFR 0.401(a).

   (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.

   [ 68 FR 22316 , Apr. 28, 2003, as amended at  76 FR 70909 , Nov. 16, 2011;
    85 FR 64405 , Oct. 13, 2020]

   

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