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in a program or activity which is the subject of the application.
(b) Voluntary compliance. If the review indicates noncompliance, an applicant may agree in writing to take the steps the OCR recommends to come into compliance with this part. The OCR must approve the written agreement before any award is made.
(c) Refusal to comply. If the applicant refuses to enter into such an agreement, the OCR shall follow the procedure established by paragraph (b) of $ 7.130. 8 7.115 Postaward compliance.
(a) Periodic review. The OCR may periodically conduct compliance reviews of any recipient's programs or activities receiving EPA assistance, including the request of data and information, and may conduct on-site reviews when it has reason to believe that discrimination may be occurring in such programs or activities.
(b) Notice of review. After selecting & recipient for review or initiating a complaint investigation in accordance with $ 7.120, the OCR will inform the recipient of:
(1) The nature of and schedule for review, or investigation; and
(2) Its opportunity, before the determination in paragraph (d) of this section is made, to make a written submission responding to, rebutting, or denying the allegations raised in the review or complaint.
(c) Postrevieno notice. (1) Within 180 calendar days from the start of the compliance review or complaint investigation, the OCR will notify the recipient in writing by certified mail, return receipt requested, of:
(i) Preliminary findings;
(ii) Recommendations, if any, for achieving voluntary compliance; and
(iii) Recipient's right to engage in voluntary compliance negotiations where appropriate.
(2) The OCR will notify the Award Official and the Assistant Attorney General for Civil Rights of the preliminary findings of noncompliance.
(d) Formal determination of noncompliance. After receiving the notice of the preliminary finding of noncompliance in paragraph (c) of this section, the recipient may:
(1) Agree to the OCR's recommendations, or
(2) Submit a written response sufficient to demonstrate that the preliminary findings are incorrect, or that compliance may be achieved through steps other than those recommended by OCR. If the recipient does not take one of these actions within fifty (50) calendar days after receiving this preliminary notice, the OCR shall, within fourteen (14) calendar days, send a formal written determination of noncompliance to the recipient and copies to the Award Official and Assistant Attorney General.
(e) Voluntary compliance time limits. The recipient will have ten (10) calendar days from receipt of the formal determination of noncompliance in which to come into voluntary compliance. If the recipient fails to meet this deadline, the OCR must start proceedings under paragraph (b) of g 7.130.
(f) Form of voluntary compliance agreements. All agreements to come into voluntary compliance must:
(1) Be in writing;
(2) Set forth the specific steps the recipient has agreed to take, and
(3) Be signed by the Director, OCR or his/her designee and an official with authority to legally bind the recipient.
8 7.120 Complaint investigations.
The OCR shall promptly investigate all complaints filed under this section unless the complainant and the party complained agains: agree to a delay pending settlement negotiations.
(a) Who may file a complaint. A person who believes that he or she or a specific class of persons has been discriminated against in violation of this part may file a complaint. The coniplaint may be filed by an authorized representative. A complaint alleging employment discrimination must identify at least one individual aggrieved by such discrimination. Complaints solely alleging employment discrimination against an individual on the basis of race, color, national origin, sex or religion shall be processed under the procedures for complaints of employ
ment discrimination filed against re- (2) Informal resolution. (i) OCR cipients of federal assistance (see 28 shall attempt to resolve complaints inCFR Part 42, Subpart H and 29 CFR formally whenever possible. When a Part 1691). Complainants are encour. complaint cannot be resolved inforaged but not required to make use of mally, OCR shall follow the proceany grievance procedure established dures established by paragraphs (c) under $7.90 before filing a complaint through (e) of $ 7.115. Filing a complaint through a griev- (e) Confidentiality. EPA agrees to ance procedure does not extend the keep the complainant's identity confi180 day calendar requirement of para- dential except to the extent necessary graph (b)(2 of this section.
to carry out the purposes of this part, (b) Where, when and how to file com- including the conduct of any investigaplaint The complainant may file a tion, hearing, or judicial proceeding complaint at any EPA office. The com- arising thereunder. Ordinarily in complaint may be referred to the region in plaints of employment discrimination, which the alleged discriminatory acts the name of the complainant will be occurred.
given to the recipient with the notice (1) The complaint must be in writing of complaint. and it must describe the alleged dis- (f) (Reserved) criminatory acts which violate this
(g) Dismissal of complaint. If OCR'S part.
investigation reveals no violation of (2) The complaint must be filed
this part, the Director, OCR, will diswithin 180 calendar days of the al- miss the complaint and notify the leged discriminatory acts, unless the
complainant and recipient. OCR waives the time limit for good cause. The filing of a grievance with 8 7.125 Coordination with other agencies. the recipient does not satisfy the re
If, in the conduct of a compliance quirement that complaints must be
review or an investigation, it becomes flled within 180 days of the alleged
evident that another agency has jurisdiscriminatory acts.
diction over the subject matter, OCR (c) Notification. The OCR will notify the complainant and the recipi
will cooperate with that agency during
the continuation of the review of inent of the agency's receipt of the complaint within five (5) calendar days.
vestigation. EPA will: (d) Complaint processing proce
(a) Coordinate its efforts with the dures. After acknowledging receipt of
other agency, and a complaint, the OCR will immediate
(b) Ensure that one of the agencies ly initiate complaint processing proce
is designated the lead agency for this dures.
purpose. When an agency other than (1) Preliminary investigation (i)
EPA serves as the lead agency, any Within twenty (20) calendar days of
action taken, requirement imposed, or acknowledgment of the complaint, the
determination made by the lead OCR will review the complaint for ac
agency, other than a final determinaceptance, rejection, or referral to the
tion to terminate funds, shall have the appropriate Federal agency.
same effect as though such action had (ii) If the complaint is accepted, the
been taken by EPA. OCR will notify the complainant and
8 7.130 Actions available to EPA to obtain the Award Official. The OCR will also
compliance. notify the applicant or recipient complained against of the allegations and (a) General. If compliance with this give the applicant or recipient oppor- part cannot be assured by informal tunity to make a written submission means, EPA may terminate or refuse responding to, rebutting, or denying to award or to continue assistance. the allegations raised in the com- EPA may also use any other means auplaint.
thorized by law to get compliance, in(iii) The party complained against cluding a referral of the matter to the may send the OCR a response to the Department of Justice. notice of complaint within thirty (30) (b) Procedure to deny, annul, suscalendar days of receiving it.
pend or terminate EPA assistance.
mittees of the House and Senate having legislative jurisdiction over the program or activity involved. The decision of the Administrator shall not be subject
further administrative appeal under EPA's General Regulation for Assistance Programs (40 CFR Part 30, Subpart L).
(4) Scope of decision. The denial, annulment, termination or suspension shall be limited to the particular applicant or recipient who was found to have discriminated, and shall be limited in its effect to the particular program or the part of it in which the discrimination was found.
(1) OCR finding. If OCR determines that an applicant or recipient is not in compliance with this part, and if compliance cannot be achieved voluntarily, OCR shall make a finding of noncompliance. The OCR will notify the applicant or recipient (by registered mail, return receipt requested) of the finding, the action proposed to be taken, and the opportunity for an evidentiary hearing.
(2) Hearing. (i) Within 30 days of receipi of the above notice, the applicant or recipient shall file a written answer, under oath or affirmation, and may request a hearing.
(ii) The answer and request for a hearing shall be sent by registered mail, return receipt requested, to the Chief Administrative Law Judge (ALJ) (A-110), United States Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460. Upon receipt of a request for a hearing, the ALJ will send the applicant or recipient a copy of the ALJ's procedures. If the recipient does not request a hearing, it shall be deemed to have waived its right to a hearing, and the OCR finding shall be deemed to be the ALJ's determination.
(3) Final decision and disposition. (i) The applicarit or recipient may, within 30 days of receipt of the ALJ's determination, file with the Administrator its exceptions to that determination. When such exceptions are filed, the Administrator may, within 45 days after the ALJ's determination, serve to the applicant or recipient, a notice that he/she will review the determination. In the absence of either exceptions or notice of review, the ALJ's determination shall constitute the Administrator's final decision.
(is) If the Administrator reviews the ALJ's determination, all parties shall be given reasonable opportunity to file written statements. A copy of the Administrator's decision will be sent to the applicant or recipient.
(iii) If the Administrator's decision is to deny an application, or annul, suspend or terminate EPA assistance, that decision becomes effective thirty (30) days from the date on which the Administrator submits a full written report of the circumstances and grounds for such action to the Com
8 7.135 Procedure for regaining eligibility.
(a) Requirements. An applicant or recipient whose assistance has been denied, annulled, terminated, or suspended under this part regains eligibility as soon as it:
(1) Provides reasonable assurance that it is complying and will comply with this part in the future, and
(2) Satisfies the terms and conditions for regaining eligibility that are specified in the denial, annulment, termination or suspension order.
(b) Procedure. The applicant or recipient must submit a written request to restore eligibility to the OCR declaring that it has met the requirements set forth in paragraph (a) of this section. Upon determining that these requirements have been met, the OCR must notify the Award Official, and the applicant or recipient that eligibility has been restored.
(c) Rights on denial of restoration of eligibility. If the OCR denies a request to restore eligibility, the applicant or recipient may file a written request for a hearing before the EPA Chief Administrative Law Judge in accordance with paragraph (c) 87.130, listing the reasons it believes the OCR was in error.
APPENDIX A-EPA ASSISTANCE PRO
GRAMS AS LISTED IN THE "CATALOG
OF FEDERAL DOMESTIC ASSISTANCE" 1. Assistance provided by the Office of Air, Noise and Radiation under the Clean Air Act of 1977, as amended; Pub. L. 95-95. 42 U.S.C. 7401 et seq. (ANR 66.001)
2. Assistance provided by the Office of Air, Noise and Radiation under the Clean Air Act of 1977, as amended; Pub. L. 95-95, 42 U.S.C. 7401 et seq. (ANR 66.003)
3. Assistance provided by the Office of Water under the Clean Water Act of 1977, as amended; sections 101(e), 109(b), 201-05, 207, 208(d), 210-12, 215-19, 304(d)(3), 313, 501, 502, 511 and 516(b); Pub. L. 97-117; Pub. L. 95-217; Pub. L. 96-483; 33 U.S.C. 1251 et seq. (OW 66.418)
4. Assistance provided by the Office of Water under the Clean Water Act of 1977, as amended; section 106; Pub. L. 95-217; 33 U.S.C. 1251 et seq. (OW 66.419)
5. Assistance provided by the Office of Water under the Clean Water Act of 1977, as amended; Pub. L. 95-217; 33 U.S.C. 1251 et seq. (OW 66.426)
6. Assistance provided by the Office of Water under the Public Health Service Act, as amended by the Safe Drinking Water Act, Pub. L. 93-523; as amended by Pub. L. 93-190; Pub. L. 96-63; and Pub. L. 93-502. (CW 66.432)
7. Assistance provided by the Office of Water under the Safe Drinking Water Act, Pub. L. 93-523, as amended by Pub. L. 96-63, Pub. L. 95-190, and Pub. L. 96-502. (OW 66.433)
8. Assistance provided by the Office of Water under the Clean Water Act of 1977, section 205(g), as amended by Pub. L. 95-217 and the Federal Water Pollution Control Act, as amended; Pub. L. 97-117; 33 U.S.C. 125 i et seq. (OW 66.438)
9. Assistance provided by the Office of Water under the Resource Conservation and Recovery Act of 1976; as amended by the Solid Waste Disposal Act; Pub. L. 94580; section 3011, 42 U.S.C. 6931, 6947, 694849. (OW 66.802).
10. Assistance provided by the Office of Research and Development under the Clean Air Act of 1977, as amended; Pub. L. 95-95; 42 U.S.C. et seq.; Clean Water Act of 1977, as amended; Pub. L. 95-217; 33 U.S.C. 1251 et seq., section 8001 of the Solid Water Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976; Pub. L. 94580; 42 U.S.C. 6901, Public Health Service Act as amended by the Safe Drinking Water Act as amended by Pub. L. 95-190; Federal Insecticide, Fungicide and Rodenticide Act; Pub. L. 95-516; 7 U.S.C. 136 et seq., as amended by Pub. L.'s 94-140 and 95-396; Toxic Substances Control Act; 15 U.S.C. 2609; Pub. L. 94-469. (ORD 66.500)
11. Assistance provided by the Office of Research and Development under the Clean Air Act of 1977, as amended; Pub. L. 95-95; 42 U.S.C. 7401 et seq. (ORD 66.501)
12. Assistance provided by the Office of Research and Development under the Federal Insecticide, Fungicide and Rodenticide Act, Pub. L. 95-516, 7 U.S.C. 136 et seq., as PART 8-EQUAL EMPLOYMENT OP
amended by Pub. L.'s 94-140 and 95-396. (ORD 66.502)
13. Assistance provided by the Office of Research and Development under the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976; 42 U.S.C. 6901, Pub. L. 94-580, section 8001. (ORD 66.504)
14. Assistance provided by the Office of Research and Development under the Clean Water Act of 1977, as amended; Pub. L. 95– 217; 33 U.S.C. 1251 et seq. (ORD 66.505)
15. Assistance provided by the Office of Research and Development under the Public Health Service Act as amended by the Safe Drinking Water Act, as amended by Pub. L. 95-190 (ORD 66.506)
16. Assistance provided by the Office of Research and Development under the Toxic Substances Control Act; Pub. L. 94-469; 15 U.S.C. 2609; section 10. (ORD 66.507)
17. Assistance provided by the Office of Administration, including but not limited to: Clean Air Act of 1977, as amended, Pub. L. 95-95; 42 U.S.C. 7401 et seq., Clean Water Act of 1977, as amended; Pub. L. 95-217; 33 U.S.C. 1251 et seq.; Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976; 42 U.S.C. 6901; Pub. L. 94-580; Federal Insecticide, Fungicide and Rodenticide Act; Pub. L. 92516; 7 U.S.C. 136 et seq. as amended by Pub. L's 94-140 and 95-396; Public Health Seryice Act, as amended by the Saie Drinking Water Act, as amended by Pub. L. 95-190. (OA 66.600)
18. Assistance provided by the Office of Administration under the Clean Water Act of 1977, as amended; Pub. L. 95-217; section 213; 33 U.S.C. 1251 et seq. (OA 66.603)
19. Assistance provided by the Office of Enforcement Counsel under the Federal Insecticide and Rodenticide Act, as amended; Pub. L. 92-516; 7 U.S.C. 136 et seq., as amended by Pub. L. 94-140, section 23(a) and Pub. L. 95-396. (OA 66.700)
20. Assistance provided by the Office of Solid Waste and Emergency Response under the Comprehensive Environmental Responses, Compensation and Liability Act of 1980; Pub. L. 96-510, section 3012, 42 U.S.C. 9601, et seq. (OSW-number not to be assigned since Office of Management and Budget does not catalog one-year programs.)
21. Assistance provided by the Office of Water under the Clean Water Act as amended; Pub. L. 97-117, 33 U.S.C. 1313. (OW-66.454)
PORTUNITY UNDER EPA CONTRACTS AND EPA ASSISTED CONSTRUCTION CONTRACTS
Subpart A-Compliance Standards and
8.45 Amendments. 8.46 Motions. 8.47 Disposition of motions. 8.48 Interlocutory appeals. 8.49 Exhibits. 8.50 Admissions as to facts and documents. 8.51 Discovery. 8.52 Depositions. 8.53 Use of depositions at hearing. 8.54 Interrogatories to parties. 8.55 Production of documents and things
and entry upon land for inspection and
other purposes. 8.56 Sanctions. 8.57 Ex parte communications.
PREHEARING 8.58 Prehearing conferences.
Sec. 8.1 Purpose. 8.2 Definitions. 8.3 Responsibilities. 8.4 Equal opportunity clause. 8.5 Exemptions. 8.6 Pre-bid requirements and conferences. 8.7 Affirmative action compliance pro
grams-nonconstruction contracts. 8.8 Affirmative action compliance pro
grams-construction contracts. 8.9 Award of contracts. 8.10 Participation in areawide equal em
ployment opportunity program. 8.11 Reports and other required informa
tion. 8.12 Compliance reviews. 8.13 Complaint procedure. 8.14 Hearings and sarctions. 8.15 Intimidation and interference. 8.16 Segregated facilities certificate. 8.17 Solicitations or advertisements for em
ployees. 8.18 Access to records of employment. 8.19 Notices to be posted. 8.20 Program directives and instructions.
POSTHEARING PROCEDURES 8.68 Proposed findings of fact and conclu
sions of law. 8.69 Record for decision. 8.70 Recommended determination. 8.71 Exceptions to recommended determi
nation. 8.72 Record. 8.73 Final decision.
AUTHORITY: Section 201, Executive Order 11246, 30 FR 12319; and 41 CFR 60-1.6(c).
SOURCE: 39 FR 3258, Jan. 25, 1974, unless otherwise noted.
Subpart B-Compliance Hearing and Appeal
GENERAL 8.31 Authority. 8.32 Scope of rules. 8.33 Definitions. 8.34 Time computation. DESIGNATION AND RESPONSIBILITIES OF
HEARING EXAMINER 8.35 Designation. 8.36 Authority and responsibilities.
APPEARANCE AND PRACTICE 8.37 Participation by a party. 8.38 Determination of parties. 8.39 Determination and participation of
Subpart A-Compliance Standards
FORM AND FILING OF DOCUMENTS 8.40 Form. 8.41 Filing and service. 8.42 Certificate of service.
PROCEDURES 8.43 Notice of hearing. 8.44 Answer to notice.
8 8.1 Purpose.
This part prescribes standards and procedures for the Environmental Protection Agency in discharging its responsibilities under Executive Order 11246 (3 CFR, 1964-1965 Comp., p. 139); the rules and regulations of the Secretary of Labor, codified in 41 CFR Part 60, prescribed thereunder; and other rules, orders, instructions, designations, and directives issued by the Office of Federal Contract Compliance, Department of Labor.