Page images
PDF
EPUB

if:

and statutory objective shall have the (b) and (c) is on the recipient of Federfollowing meaning:

al financial assistance. (1) Normal operation means the operation of a program or activity with 8 1252.203 Special benefits for children out significant changes that would and the elderly. impair its ability to meet its objectives. If a recipient operating a program

(2) Statutory objective means any provides special benefits to the elderly purpose of a program or activity ex or to children, such use of age distincpressly stated in any Federal statute, tions shall be presumed to be neces. state statute or local statute or ordi sary to the normal operation of the nance adopted by any elected, general program, notwithstanding the provi. purpose legislative body.

sion of § 1252.10. (b) Normal operation or statutory objective of any program or activity. A

Subpart 1252.3—Responsibilities of recipient is permitted to take an

Recipients action otherwise prohibited by & 1252.200 if the action reasonably 8 1252.300 General responsibilities of retakes into account age as a factor nec

cipients. essary to the normal operation of the achievement of any statutory objec

Each NASA recipient must ensure tive of a program or activity. An action

that its programs and activities reasonably takes into account age as a

comply with these regulations. factor necessary to the normal oper

8 1252.301 Notice to subrecipients. ation or the achievement of any statutory objective of a program or activity,

Where a recipient passes on Federal

financial assistance from NASA to su. (1) Age is used as a measure of ap brecipients, the recipient shall provide proximation of one or more other

the subrecipient written notice of characteristics; and

their obligations under these regula(2) The other characteristic(s) must tions. be measured or approximated in order

8 1252.302 Assurance of compliance and for the normal operation of the program or activity to continue, or to

recipient assessment of age distincachieve any statutory objective of the

tions. program or activity; and

(a) Each recipient of Federal finan(3) The other characteristic(s) can cial assistance from NASA shall sign a be reasonably measured or approxi written assurance as specified by mated by the use of age; and

NASA that it will comply with the Act (4) The other characteristic(s) are and these regulations. impractical to measure directly on an (b) Recipient assessment of age disindividual basis.

tinctions. (1) As part of a compliance (c) Reasonable factors other than review under $ 91.41, NASA may reage. A recipient is permitted to take an quire a recipient employing the equivaction otherwise prohibited by alent of 15 or more employees to com$ 1252.200 which is based on a factor plete a written self-evaluation, in a other than age, even though that manner specified by the responsible action may have a disproportionate Agency official, of any age distinction effect on persons of different ages. An imposed in its program or activity reaction may be based on a factor other ceiving Federal financial assistance than age only if the factor bears a from NASA to assess the recipient's direct and substantial relationship to compliance with the Act. the normal operation of the program (2) Whenever an assessment indior activity or to the achievement of a cates a violation of the Act and the statutory objective.

NASA regulations, the recipient shall

take corrective action. 8 1252.202 Burden of proof. The burden of proving that an age

8 1252.303 Information requirements. distinction or other action falls within (a) Keep records in a form that conthe exceptions outlined in § 1252.201 tains information which NASA deter

tions.

mines may be necessary to ascertain sible, including taking the following whether the recipient is complying measures: with the Act and these regulations.

(1) Accepting as a sufficient com(b) Provide to NASA, upon request, plaint, any written statement, which information and reports which NASA identifies the parties involved and the determines are necessary to ascertain date the complainant first had knowlwhether the recipient is complying edge of the alleged violation, describes with the Act and these regulations. generally the action or practice com

(c) Permit reasonable access by plained of, and assigned by the comNASA to the books, records, accounts, plainant. and other recipient facilities and (2) Freely permitting a complainant sources of information to the extent to add information to the complaint to NASA determines is necessary to as meet the requirements of a sufficient certain whether the recipient is com complaint. plying with the Act and these regula (3) Widely disseminating informa

tion regarding the obligations of re

cipients under the Act and these reguSubpart 1252.4— Investigation, Con lations.

ciliation, and Enforcement Proce (4) Notifying the complainant and dures

the recipient of their rights and obli

gations under the complaint proce$ 1252.400 Compliance reviews.

dure, including the right to have a rep

resentative at all stages of the com(a) NASA may conduct compliance reviews and pre-award reviews of re

plaint procedure. cipients or use other similar proce

(5) Notifying the complainant and dures that will permit it to investigate

the recipient (or their representatives) and correct violations of the Act and

of their right to contact NASA for inthese regulations. NASA may conduct

formation and assistance regarding these reviews even in the absence of a

the complaint resolution process. complaint against a recipient. The

(C) NASA will return to the comreview may be as comprehensive as

plainant any complaint outside the junecessary to determine whether a vio

risdiction of these regulations, and will lation of these regulations has OC

state the reason(s) why it is outside curred.

the jurisdiction of these regulations. (b) If a compliance review or pre

& 1252.402 Mediation. award review indicates a violation of the Act or these regulations, NASA (a) Referral of complaints for mediawill attempt to secure the recipient's tion. NASA will refer to the Federal voluntary compliance with the Act. If Mediation and Conciliation Service all voluntary compliance cannot be complaints that: achieved, NASA will arrange for en (1) Fall within the jurisdiction of forcement as described in § 1252.405. the Act and these regulations; and

(2) Contain all information neces8 1252.401 Complaints.

sary for further processing. (a) Any person, individually or as a (b) Both the complainant and the member of a class or on behalf of recipient shall participate in the mediothers, may file a complaint with ation process to the extent necessary NASA, alleging discrimination prohib- to reach an agreement or make an inited by the Act or these regulations formed judgment that an agreement is based on an action occurring on or not possible. There must be at least after July 1, 1979. A complaint must one meeting with the mediator before be filed within 180 days from the date NASA will accept a judgment that an the complainant first had knowledge agreement is not possible. However, of the alleged act of discrimination. the recipient and the complainant However, for good cause shown, NASA need not meet with the mediator at may extend this time limit.

the same time. (b) NASA will attempt to facilitate (c) If the complainant and the recipthe filing of complaints wherever pos- ient reach an agreement, the mediator

[blocks in formation]

other complaints which may involve the recipient.

(5) The settlement is not a finding of discrimination against a recipient.

(b) Formal investigation. If NASA cannot resolve the complaint through informal means it will develop formal findings through further investigations of the complaint. If the investigation indicates a violation of these regulations, NASA will attempt to obtain voluntary compliance. If NASA cannot obtain voluntary compliance, it will begin enforcement as described in § 1252.405.

shall prepare a written statement of the agreement and have the complain ant and recipient sign it. The mediator shall send a copy of the agreement to NASA. NASA will take no further action on the complaint unless the complainant or the recipient fails to comply with the agreement. However, NASA retains the right to monitor the recipient's compliance with the agreement.

(d) The mediator shall protect the confidentiality of all information obtained in the course of the mediation process. No mediator shall testify in any adjudicative proceeding, produce any document, or otherwise disclose any information obtained in the course of the mediation process without prior approval of the head of the mediation agency.

(e) NASA will use the mediation process for a maximum of 60 days after receiving a complaint.

(f) Mediation ends if:

(1) 60 days elapse from the time NASA receives the complaint; or

(2) Prior to the end of that 60-day period, an agreement is reached; or

(3) Prior to the end of that 60-day period, the mediator determines that an agreement cannot be reached.

(g) The mediator shall return unresolved complaints to NASA.

8 1252.404 Prohibition against intimida.

tion or retaliation. A recipient may not engage in acts of intimidation or retaliation against any person who:

(a) Attempts to assert a right protected by the Act or these regulations; or

(b) Cooperates in any mediation, inquiry, hearing, or other part of NASA's investigation, conciliation, and enforcement process.

8 1252.403 Investigation.

(a) Informal inquiry. (1) NASA will investigate complaints that are unresolved after mediation or are reopened because of a violation of a mediation agreement.

(2) As part of the initial inquiry, NASA will use informal fact finding methods, including joint or separate discussions with the complainant and recipient to establish the facts, and, if possible, settle the complaint on terms that are mutually agreeable to the parties. NASA may seek the assistance of any involved State program agency.

(3) NASA will put any agreement in writing and have it signed by the parties and an authorized official at NASA.

(4) The settlement shall not affect the operation of any other enforcement effort of NASA, including compliance reviews and investigation of

8 1252.405 Compliance procedure.

(a) NASA may enforce the Act and these regulations through:

(1) Termination of a recipient's Federal financial assistance from NASA under the program or activity involved where the recipient has violated the Act or these regulations. The determination of the recipient's violation may be made only after a recipient has had an opportunity for a hearing on the record before an administrative law judge. Therefore, cases which are settled in mediation, or prior to a hearing, will not involve termination of a recipient's Federal financial assistance from NASA.

(2) Any other means authorized by law including but not limited to:

(i) Referral to the Department of Justice for proceedings to enforce any rights of the United States or obligations of the recipient created by the Act or these regulations.

(ii) Use of any requirement of or referral to any Federal, State, or local government agency that will have the effect of correcting a violation of the Act or these regulations.

(b) NASA will limit any termination 8 1252.407 Notices, decisions, and post-terunder $ 1252.405(a)(1) to the particu- mination proceedings. lar program activity NASA finds in

All notices, decisions, and post-termiviolations of these regulations. NASA

nation proceedings, insofar as NASA is will not base any part of a termination

concerned, shall be made in accordon a finding with respect to any pro- ance with 14 CFR 1250.109. gram or activity of the recipient which does not receive Federal financial as 8 1252.408 Remedial action by recipients. sistance from NASA. (c) NASA will take no action under

(a) Where NASA finds a recipient paragraph (a) until:

has discriminated on the basis of age,

the recipient shall take any remedial (1) The Administrator has advised the recipient of its failure to comply

action that NASA may require to over

come the effects of the discrimination. with the Act and these regulations and

If another recipient exercises control has determined that voluntary compli

over the recipient that has discrimiance cannot be obtained. (2) 30 days have elapsed after the

nated, NASA may require both recipiAdministrator has sent a written

ents to take remedial action.

(b) Even in the absence of discrimireport of the circumstances and grounds of the action to the commit

nation, a recipient may take affirma

tive action to overcome the effects of tees of Congress having legislative ju. risdiction over the Federal program or

conditions that resulted in limited par

ticipation in the recipients program or activity involved. The Administrator will file a report whenever any action

activity on the basis of age. is taken under paragraph (a) of this

8 1252.409 Alternate funds disbursal prosection.

cedure. (d) NASA also may defer granting new Federal financial assistance from

(a) When NASA withholds funds NASA to a recipient when a hearing from a recipient under these regulaunder $ 1252.405(a)(1) is initiated.

tions, the Administrator may disburse (1) New Federal financial assistance

the withheld funds directly to an alfrom NASA includes all assistance for ternate recipient. which NASA requires an application

(b) The Administrator will require or approval, including renewal or con any alternate recipient to demontinuation of existing activities during strate: the deferral period. New Federal fi (1) The ability to comply with these nancial assistance from NASA does regulations; and not include assistance approved prior (2) The ability to achieve the goals to the beginning of a hearing under of the Federal statute authorizing the $ 1252.405(a)(1).

program or activity. (2) NASA will not begin a deferral until the recipient has received a

8 1252.410 Exhaustion of administrative notice of an opportunity for a hearing

remedies. under $ 1252.405(a)(1). NASA will not (a) A complainant may file a civil continue a deferral for more than 60 action following the exhaustion of addays unless a hearing has begun ministrative remedies under the Act. within that time or the time for begin- Administrative remedies are exhaustning the hearing has been extended by ed if: mutual consent of the recipient and (1) 180 days have elapsed since the the Administrator. NASA will not cori- complainant filed the complaint and tinue a deferral for more than 30 days NASA has made no finding with after the close of the hearing, unless regard to the complaint; or the hearing results in a finding against (2) NASA issues any findings in the recipient.

favor of the recipient.

(b) If NASA fails to make a finding 8 1252.406 Hearings.

within 180 days or issues a finding in The procedural provisions for those favor of the recipient, NASA will: hearings required by $ 1252.405 are (1) Promptly advise the complainant contained in 14 CFR 1250.108.

of this fact; and

Sec.

Subpart 3—National Needs Grants 1259.300 Description. 1259.301 Identification of national needs. 1259.302 Application procedures. 1259.303 Limitations.

Subpart 4—Space Grant College and

Consortium Designation 1259.400 Description. 1259.401 Responsibilities. 1259.402 Basic criteria and application pro

cedures. 1259.403 Limitations. 1259.404 Suspension or termination of des

ignation.

(2) Advise the complainant of his or her right to bring a civil action for injunctive relief; and

(3) Inform the complainant:

(i) That the complainant may bring a civil action only in a United States district court for the district in which the recipient is located or transacts business;

(ii) That a complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but that the complainant must demand these costs in the complaint.

(iii) That before commencing the action the complainant shall give 30 days notice by registered mail to the Administrator, the Attorney General of the United States, and

(iv) That the notice must state: the alleged violation of the act; the relief requested; the court in which the complainant is bringing the action; and, whether or not attorney's fees are demanded in the event the complainant prevails; and

(v) That the complainant may not bring an action if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States.

Subpart 5—Space Grant Fellowships 1259.500 Description. 1259.501 Responsibilities. 1259.502 Application procedures. 1259.503 Limitations.

Subpart 6-Space Grant Review Panel 1259.600 Panel description. 1259.601 Establishment and composition. 1259.602 Conflict of interest. 1259.603 Responsibilities.

AUTHORITY: Pub. L. 100-147, 101 Stat. 869– 875, 42 U.S.C. 2486; 42 U.S.C. 2452.

SOURCE: 54 FR 19880, May 9, 1989, unless otherwise noted.

8 1252.411 Age distinctions.

There are no Federal statutes or reg. ulations containing age distinctions which affect financial assistance administered by the agency.

PART 1259-NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM

Subpart 1-Basic Policy

Sec. 1259.100 Scope of part. 1259.101 Definitions. 1259.102 General policy. 1259.103 Special authorities-gift accept

ance and other Federal funding.

Subpart 1-Basic Policy 81259.100 Scope of part.

(a) This Part 1259 establishes the policies, responsibilities and procedures relative to the National Space Grant College and Fellowship Program established by Title II of the National Aeronautics and Space Administration Authorization Act of 1988 (Pub. L. 100-147, Oct. 30, 1987, 101 Stat. 869-875, 42 U.S.C. 2486). This statute authorizes the Administrator of the National Aeronautics and Space Administration (NASA), in order to carry out the purposes of the National Space Grant College and Fellowship Act (the Act), to accept conditional or unconditional gifts and donations, to accept and use funds from other Federal departments, agencies and instrumentalities, to make awards with respect to such needs or problems and to designate Space Grant colleges. It fur. ther directs the Administrator to es

Subpart 2—Space Grant Program and Project

Awards

1259.200 Description. 1259.201 Types of Space Grant program

and project awards-regular and special. 1259.202 Application procedures. 1259.203 Limitations.

« PreviousContinue »