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his discretion, before a hearing exam- more other Federal departments or iner designated in conformity with 5 agencies issued under Title VI of the U.S.C. 3105 and 3344 (section 11 of the Act, the Administrator may, by agreeAdministrative Procedure Act).
ment with such other departments or (c) Right to counsel. In all proceed- agencies where applicable, provide for ings under this section, the applicant the conduct of consolidated or joint or recipient and NASA shall have the hearings, and for the application to right to be represented by counsel. such hearings of rules of procedures
(d) Procedures, evidence, and record. not inconsistent with the part. Final (1) The hearing, decision, and any ad decisions in such cases, insofar as this ministrative review thereof shall be part is concerned, shall be made in acconducted in conformity with 5 U.S.C.
cordance with § 1250.109. 554-557 (section 5-8 of the Administrative Procedure Act), and in accordance
(30 FR 301, Jan. 9, 1965, as amended at 38
FR 17937, July 5, 1973) with such rules of procedure as are proper (and not inconsistent with this
81250.109 Decisions and notices. section) relating to the conduct of the hearing, giving of notices subsequent (a) Decision by person other than the to those provided for in paragraph (a) NASA Principal Compliance Officer. If of this section, taking of testimony, the hearing is held by a hearing examexhibits, arguments, and briefs, re iner, such hearing examiner shall quests for findings, and other related either make an initial decision, if so matters. Both NASA and the applicant authorized, or certify the entire record or recipient shall be entitled to intro including his recommended findings duce all relevant evidence on the and proposed decision to the Principal issues as stated in the notice for hear Compliance Officer for a final deci. ing or as determined by the officer sion, and a copy of such initial deci. conducting the hearing at the outset sion or certification shall be mailed to of or during the hearing.
the applicant or recipient. Where the (2) Technical rules of evidence shall initial decision is made by the hearing not apply to hearings conducted pur- examiner, the applicant or recipient suant to this part, but rules or princi- may, within 30 days of the mailing of ples designed to assure production of such notice of initial decision, file with the most credible evidence available the Principal Compliance Officer his and to subject testimony to test by exceptions to the initial decision with cross-examination shall be applied his reasons therefor. In the absence of where reasonably necessary by the of exceptions, the Principal Compliance ficer conducting the hearing. The Officer may on his own motion, within hearing officer may exclude irrele- 45 days after the initial decision, serve vant, immaterial, or unduly repetitious on the applicant or recipient a notice evidence. All documents and other evi- that he will review the decision. Upon dence offered or taken for the record the filing of such exceptions or of shall be open to examination by the such notice of review the Principal parties and opportunity shall be given Compliance Officer shall review the to refute facts and arguments ad- initial decision and issue his own decivanced on either side of the issues. A sion thereon including the reasons transcript shall be made of the oral therefor. In the absence of either exevidence except to the extent the sub- ceptions or a notice of review the ini. stance thereof is stipulated for the tial decision shall constitute the final record. All decisions shall be based decision of the Principal Compliance upon the hearing record and written Officer. findings shall be made.
(b) Decisions on record or review by (e) Consolidated or joint hearings. the NASA Principal Compliance OffiIn cases in which the same or related cer. Whenever a record is certified to facts are asserted to constitute non- the Principal Compliance Officer for compliance with this part with respect decision or he reviews the decision of a to two or more programs to which this hearing examiner pursuant to parapart applies, or non-compliance with graph (a) of this section, or whenever this part and the regulations of one or the Administrator conducts the hear
ing, the applicant or recipient shall be (g) Post termination proceedings. (1) given reasonable opportunity to file An applicant or recipient adversely afwith him briefs or other written state- fected by an order issued under paraments of its contentions, and a copy of graph (f) of this section shall be rethe final decision of the Principal stored to full eligibility to receive FedCompliance Officer shall be given in eral financial assistance if it satisfies writing to the applicant or recipient the terms and conditions of that order and to the complainant, if any.
for such eligibility or if it brings itself (c) Decisions on record where a hear
into compliance with this regulation ing is waived. Whenever a hearing is
ver a hearing is and provides reasonable assurance waived pursuant to 8 1250.108. a deci- that it will fully comply with this reg. sion shall be made by the Principal ulation. Compliance Officer on the record and
(2) Any applicant or recipient ada copy of such decision shall be given versely affected by an order entered in writing to the applicant or recipi- pursuant to paragraph (f) of this secent, and to the complainant, if any.
tion may at any time request the Prin(d) Rulings required. Each decision
cipal Compliance Officer to restore of a hearing officer or the Principal
fully the eligibility to receive Federal Compliance Officer shall set forth his
financial assistance. Any such request ruling on each finding, conclusion, or
shall be supported by information exception presented, and shall identify
showing that the applicant or recipithe requirement or requirements im
ent has met the requirements of paraposed by or pursuant to this part with
graph (g)(1) of this section. If the which it is found that the applicant or
Principal Compliance Officer deterrecipient has failed to comply.
mines that those requirements have
been satisfied, he shall restore such (e) Approval by administrator. Any final decision of the NASA Principal
eligibility. Compliance Officer which provides for
(3) If the Principal Compliance Offithe suspension or termination of, or
cer denies any such request, the appli
cant or recipient may submit a request the refusal to grant or continue Federal financial assistance, or the imposi
for a hearing in writing, specifying
why it believes such official to have tion of any other sanction available
been in error. It shall thereupon be under this part or the Act, shall
given an expeditious hearing, with a promptly be transmitted to the Ad
decision on the record, in accordance ministrator, who may approve such de
with rules of procedure issued by the cision, may vacate it, or remit or miti
Principal Compliance Officer. The apgate any sanction imposed.
plicant or recipient will be restored to (f) Content of orders. The final deci
such eligibility if it proves at such a sion may provide for suspension or ter
hearing that it satisfied the requiremination of, or refusal to grant or con
ments of paragraph (g)(1) of this sectinue Federal financial assistance, in
tion. While proceedings under this whole or in part, under the program
paragraph are pending, the sanctions involved, and may contain such terms,
imposed by the order issued under conditions, and other provisions as are
paragraph (f) of this section shall consistent with and will effectuate the
remain in effect. purposes of the Act and this part including provisions designed to assure
(30 FR 301, Jan. 9, 1965, as amended at 38 that no Federal financial assistance
FR 17937, July 5, 1973) will thereafter be extended under such
§ 1250.110 Judicial review. program to the applicant or recipient determined by such decision to be in Action taken pursuant to section 602 default in its performance of an assur- of the Act is subject to judicial review ance given by it pursuant to this part, as provided in section 603 of the Act. or to have otherwise failed to comply with this part, unless and until it cor
8 1250.111. Effect on other regulations; rects its non-compliance and satisfies
forms and instructions. the Principal Compliance Officer that (a) Effect on other regulations. All it will fully comply with this part. regulations, orders, or like directions
tions. Any action taken, determination made, or requirement imposed by an official of another department or agency acting pursuant to an assign. ment of responsibility under this subsection shall have the same effect as though such action has been taken by the responsible official of this agency. [30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973)
8 1250.112 Relationship with other offi.
cials. NASA officials, in performing the functions assigned to them by this part, are responsible for recognizing the delegations of authority and responsibility of other NASA officials and for seeing the actions taken or instructions issued by them are properly coordinated with the offices and divi. sions having joint interests.
APPENDIX A TO PART 1250–NASA FED
ERAL FINANCIAL ASSISTANCE TO
heretofore issued by any officer of NASA which impose requirements de signed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this part applies, and which authorize the suspen sion or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimi. nation is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to the effective date of this Instruction. Nothing in this part, however, shall be deemed to supersede any of the following (including future amendments thereof): (1) Executive Orders 10925 and 11246 and regulations or instructions issued thereunder, or (2) any other regulations or instructions, insofar as such other regulations or instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground.
(b) Forms and instructions. Each responsible NASA official shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this part as applied to financial assistance to which this part applies and for which he is responsible.
(c) Supervision and coordination. The Administrator may assign to officials of other departments or agencies of the Government, with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of Title VI of the Act and this part (other than responsibility for final decision as provided in § 1250.109), including the achievement of effective coordination and maximum uniformity within NASA and within the Executive Branch of the Government in the application of Title VI and this part to similar programs and in similar situa.
1. Grants made under the authority of Pub. L. 85-934, approved September 6, 1958 (42 U.S.C. 1891-1893).
2. Contracts with nonprofit institutions of higher education or with nonprofit organi. zations whose primary purpose is the conduct of scientific research, wherein title to equipnient purchased with funds under such contracts may be vested in such insti. tutions or organizations under the authority of section 2 of Pub. L. 85-934, approved September 6, 1938 (42 U.S.C. 1892).
3. Training grants made under the author. ity of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 24512460, 2472-2473).
4. Facilities grants made under authority in annual NASA authorization and appropriation acts. (30 FR 301, Jan. 9, 1965, as amended at 38 FR 17936, July 5, 1973] ·
ON BASIS OF HANDICAP
Subpart 1251.1-General Provisions
Sec. 1251.100 Purpose. 1251.101 Application. 1251.102 Definitions. 1251.103 Discrimination prohibited.
Subpart 1251.1-General Provisions
Sec. 1251.104 Assurances required. 1251.105 Remedial action, voluntary
action, and self-evaluation. 1251.106 Designation of responsible em
ployee and adoption of grievance proce
dures. 1251.107 Notice. 1251.108 Administrative requirements for
small recipients. 1251.109 Effect of state or local law or
other requirements and effect of employment opportunities.
This part effectuates section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal fi. nancial assistance.
Subpart 1251.2-Employment Practices 1251.200 Discrimination prohibited. 1251.201 Reasonable accommodation. 1251.202 Employment criteria. 1251.203 Preemployment inquiries.
8 1251.101 Application.
This part applies to each recipient of Federal financial assistance from the National Aeronautics and Space Administration and to each program or activity that receives or benefits from such assistance.
Subpart 1251.3—Program Accessibility
1251.300 Discrimination prohibited. 1251.301 Existing facilities. 1251.302 New construction.
Subpart 1251.4—Procedures 1251.400 Procedures for compliance.
Subpart 1251.5—Enforcement of Nondiscrim
ination on the Basis of Handicap in Programs or Activities Conducted by the National Aeronautics and Space Administration
1251.501 Purpose. 1251.502 Application. 1251.503 Definitions. 1251.504—1251.509 [Reserved) 1251.510 Self-evaluation. 1251.511 Notice. 1251.51241251.529 (Reserved) 1251.530 General prohibitions against dis
crimination. 1251.531-1251.539 (Reserved) 1251.540 Employment. 1251.541—1251.548 (Reserved) 1251.549 Program accessibility: Discrimina
tion prohibited. 1251.550 Program accessibility: Existing fa
cilities. 1251.551 Program accessibility: New con
struction and alterations. 1251.552—1251.559 [Reserved) 1251.560 Communications. 1251.561–1251.569 (Reserved) 1251.570 Compliance procedures. 1251.571-1251.999 (Reserved) AUTHORITY: 29 U.S.C. 794.
SOURCE: 51 FR 26862, July 28, 1986, unless otherwise noted.
8 1251.102 Definitions.
As used in this part, the term:
(a) The Act means the Rehabilitation Act of 1973, Pub. L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93-516, 29 U.S.C. 794.
(b) Section 504 means section 504 of the Act.
(c) Assistant Administrator means the Assistant Administrator for Equal Opportunity Programs for NASA.
(d) Recipient means any state or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization, or other entry, or any person to which Federal financial assistance is extended directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance.
(e) Applicant for assistance means one who submits an application, request, or plan required to be approved by a NASA official or by a recipient as a condition to becoming a recipient.
(f) Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the agency provides or otherwise makes available assistance in the form of:
(3) Real and personal property or any interest in or use of such property, including:
(i) Transfers or leases of such prop- tially limits one or more major life ac. erty for less than fair market value or tivities. for reduced consideration; and
(iv) Is regarded as having an impair. (ii) Proceeds from a subsequent ment means: transfer or lease of such property if (A) Has a physical or mental impairthe Federal share of its fair market ment that does not substantially limit value is not returned to the Federal major life activities but that is treated Government.
by a recipient as constituting such a (g) Facility means all or any portion limitation; of buildings, structures, equipment, (B) Has a physical or mental impairroads, walks, parking lots, or other ment that substantially limits major real or personal property or interest in life activities only as a result of the at. such property.
titudes of others toward such impair(h) Handicapped person.
ment; or (1) Handicapped persons means any (C) Has none of the impairments de person who:
fined in this paragraph but is treated (i) Has a physical or mental impair by a recipient as having such an imment which substantially limits one or pairment. more major life activities;
(i) Qualified handicapped person (ii) Has a record of such an impair- means: ment; or
(1) With respect to employment, a (iii) Is regarded as having such an handicapped person who, with reasonimpairment.
able accommodation, can perform the (2) As used in paragraph (h)(1) of essential functions of the job in ques. this section, the phrase:
tion; (i) Physical or mental impairment
(2) With respect to other services, a means:
handicapped person who meets the es(A) Any physiological disorder or
sential eligibility requirements for the condition, cosmetic disfigurement, or receipt of such services. anatomical loss affecting one or more (j) Handicap means any condition or of the following body systems: neuro
characteristic that renders a person a logical; musculoskeletal; special sense
handicapped person as defined in organs; respiratory, including speech paragraph (h) of this section. organs; cardiovascular; reproductive; digestive; genitourinary; hemic and
8 1251.103 Discrimination prohibited. lymphatic; skin; and endocrine; or
(a) General. No qualified handi. (B) Any mental or psychological dis- capped person shall, on the basis of order, such as mental retardation, or handicap, be excluded from participa. ganic brain syndrome, emotional or tion in, be denied the benefits of, or mental illness, and specific learning otherwise be subjected to discriminadisabilities. The term physical or tion under any program or activity mental impairment includes, but is which receives or benefits from Federnot limited to, such diseases and condi- al financial assistance. tions as orthopedic, visual, speech, and (b) Discriminatory actions prohibit. hearing impairments, cerebral palsy, ed. (1) A recipient, in providing any epilepsy, muscular dystrophy, multiple aid, benefits, or services, may not, disclerosis, cancer, heart disease, diabe- rectly or through contractual, licenstes, mental retardation, emotional ill. ing, or other arrangements, on the ness, drug addiction, and alcoholism. basis of handicap:
(ii) Major life activities means func- (i) Deny a qualified handicapped tions such as caring for one's self, per- person the opportunity to participate forming manual tasks, walking, seeing, in or benefit from the aid, benefit, or hearing, speaking, breathing, learning service; and working.
(ii) Afford a qualified handicapped (iii) Has a record of such an impair. person an opportunity to participate ment means has a history of, or has in or benefit from aid, benefit, or servbeen misclassified as having, a mental ice that is not equal to that afforded or physical impairment that substan- others;