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other agency, institution or person and this agency, institution or person shall fail or refuse to furnish this information, the recipient shall so certify in its report and shall set forth what efforts it has made to obtain the information.
(d) Information to beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the program under which the recipient receives Federal financial assistance, and make such information available to them in such manner as the Secretary or his designee finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part. (38 FR 17976, July 5, 1973) $ 17.6 Conduct of investigations.
(a) Periodic compliance reviews. The Secretary or his designee shall from time to time review the practices of recipients to determine whether they are complying with this part.
(b) Complaints. Any person who believes himself or any specific class of individuals to be subjected to discrimination prohibited by this part may by himself or by a representative file with the Secretary a written complaint. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the Secretary, or his designee.
(c) Investigations. Whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with this part, a prompt investigation shall be made. The investigation should include, where appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with this part occurred, and other factors relevant to a determination as to whether the recipient has failed to comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to paragraph (C) of this section indicates a failure to comply with this part, the recipient shall be informed in writing and the
matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in $17.7.
(2) If an investigation does not warrant action pursuant to paragraph (d)(1) of this section, the recipient and complainant, if any, shall be informed in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by section 601 of the act or this part, or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of this part, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. [29 FR 16293, Dec. 4, 1964, as amended at 38 FR 17977, July 5, 1973)
§ 17.7 Procedure for effecting compliance.
(a) General. If there appears to be a failure or threatened failure to comply with this part, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law. Such other means may include, but are not limited to, (1) a reference to the Department of Justice with a recommendation that appropriate proceedings be brought to enforce any rights of the United States under any law of the United States (including other titles of the Act), or any assurance or other contractual undertaking, and (2) any applicable proceeding under State or local law.
(b) Noncompliance with $ 17.4. If an applicant fails or refuses to furnish an assurance required under § 17.4 or otherwise fails or refuses to comply with a requirement imposed by or pursuant
to that section, Federal financial as expiration of at least 10 days from the sistance may be refused in accordance mailing of such notice to the recipient with the procedures of paragraph (c) or other person. During this period of of this section. The Department shall at least 10 days additional effort shall not be required to provide assistance be made to persuade the recipient or in such a case during the pendency of other person to comply with this part the administrative proceedings under and to take such corrective action as such paragraph, except that the De may be appropriate. partment shall continue assistance during the pendency of such proceed
(29 FR 16293, Dec. 4, 1964, as amended at 38
FR 17977, July 5, 1973] ings where such assistance is due and payable pursuant to an application
& 17.8 Hearings. therefor approved prior to the effective date of this part.
(a) Opportunity for hearing. When(c) Termination of or refusal to ever an opportunity for a hearing is grant or to continue Federal financial required by paragraph (c) of § 17.7, assistance. No order suspending, ter- reasonable notice shall be given by minating, or refusing to grant or con registered or certified mail, return retinue Federal financial assistance shall ceipt requested, to the affected applibecome effective until (1) the Secre cant or recipient. This notice shall tary or his designee has advised the advise the applicant or recipient of the applicant or recipient of his failure to action proposed to be taken, the specomply and has determined that com- cific provision under which the propliance cannot be secured by volun- posed action against it is to be taken, tary means, (2) there has been an ex and the matters of fact or law asserted press finding on the record, after op as the basis for this action, and either portunity for hearing, of a failure by (1) fix a date not less than 20 days the applicant or recipient to comply after the date of such notice within with a requirement imposed by or pur- which the applicant or recipient may suant to this part, (3) the action has request of the administrative law been approved by the Secretary pursu- judge to whom the matter has been asant to paragraph (e) of $ 17.9, and (4) signed that the matter be scheduled the expiration of 30 days after the for hearing or (2) advise the applicant Secretary has filed with the commit- or recipient that the matter in questee of the House and the committee of tion has been set down for hearing at the Senate having legislative jurisdic- a stated place and time. The time and tion over the program involved, a full place so fixed shall be reasonable and written report of the circumstances shall be subject to change for cause. and the grounds for such action. Any The complainant, if any, shall be adaction to suspend or terminate or to vised of the time and place of the refuse to grant or to continue Federal hearing. An applicant or recipient may financial assistance shall be limited to waive a hearing and submit written inthe particular political entity, or part formation and argument for the thereof, or other applicant or recipient record. The failure of an applicant or as to whom such finding has been recipient to request a hearing under made and shall be limited in its effect this paragraph or to appear at a hearto the particular program, or part ing for which a date has been set shall thereof, in which such noncompliance be deemed to be a waiver of the right has been so found.
to a hearing under section 602 of the (d) Other means authorized by law. act and paragraph (c) of $ 17.7 and No action to effect compliance by any consent to the making of a decision on other means authorized by law shall the basis of such information as is be taken until (1) the Secretary or his available. designee has determined that compli- (b) Time and place of hearing. Hearance cannot be secured by voluntary ings shall be held at the Office of means, (2) the recipient or other Hearings and Appeals of the Departperson has been notified of its failure ment in the Washington, D.C., area, at to comply and of the action to be a time fixed by the administrative law taken to effect compliance, and (3) the judge to whom the matter has been as
signed unless he determines that the compliance with this part with respect convenience of the applicant or recipi. to two or more programs to which this ent or of the Department requires part applies or noncompliance with that another place be selected. Hear- this part and the regulations of one or ings shall be held before an adminis- more other Federal departments or trative law judge designated by the agencies issued under Title VI of the Office of Hearings and Appeals in ac act, the Secretary may, by agreement cordance with 5 U.S.C. 3105 and 3344. with such other departments or agen
(c) Right to counsel. In all proceed cies, where applicable, provide for the ings under this section, the applicant conduct of consolidated or joint hearor recipient and the Department shall ings, and for the application to such have the right to be represented by hearings of rules of procedure not incounsel.
consistent with this part. Final deci(d) Procedures, evidence, and record
sions in such cases, insofar as this part (1) The hearing, decision, and any ad
is concerned, shall be made in accordministrative review thereof shall be
ance with $ 17.9. conducted in conformity with 5 U.S.C. 554–557, and in accordance with such (29 FR 16293, Dec. 4, 1964, as amended at 38 rules of procedure as are proper (and FR 17977, July 5, 1973] not inconsistent with this section) relating to the conduct of the hearing,
$ 17.9 Decisions and notices. giving of notices subsequent to those (a) Initial decision by an adminisprovided for in paragraph (a) of this trative law judge. The administrative section, taking of testimony, exhibits, law judge shall make an initial deciarguments and briefs, requests for sion and a copy of such initial decision findings, and other related matters. shall be sent by registered mail, return Both the Department and the appli- receipt requested, to the recipient or cant or recipient shall be entitled to applicant. introduce all relevant evidence on the
(b) Review of the initial decision. issues as stated in the notice for hear
The applicant or recipient may file his ing or as determined by the officer
exceptions to the initial decision, with conducting the hearing at the outset
his reasons therefor, with the Direcof or during the hearing.
tor, Office of Hearings and Appeals, (2) Technical rules of evidence shall
within thirty days of receipt of the ini. not apply to hearings conducted pur
tial decision. In the absence of excepsuant to this part, but rules or princi
tions, the Director, Office of Hearings ples designed to assure production of the most credible evidence available
and Appeals, on his own motion within
forty-five days after the initial deci. and to subject testimony to test by cross-examination
sion, may notify the applicant or reshall be applied where reasonably necessary by the of
cipient that he will review the decificer conducting the hearing. The
sion. In the absence of exceptions or a hearing officer may exclude irrele
notice of review, the initial decision vant, immaterial, or unduly repetitious
shall constitute the final decision subevidence. All documents and other evi
ject to the approval of the Secretary dence offered or taken for the record
pursuant to paragraph (f) of this secshall be open to examination by the tion. parties and opportunity shall be given
(c) Decisions by the Director, Office to refute facts and arguments ad- of Hearings and Appeals. Whenever vanced on either side of the issues. A the Director, Office of Hearings and transcript shall be made of the ora! Appeals, reviews the decision of a evidence except to the extent that the hearing examiner pursuant to parasubstance thereof is stipulated for the graph (b) of this section, the applicant record. All decisions shall be based or recipient shall be given reasonable upon the hearing record and written opportunity to file with him briefs or findings shall be made.
other written statements of its conten(e) Consolidated or joint hearings. tion, and a copy of the final decision In cases in which the same or related of the Director, Office of Hearings and facts are asserted to constitute non- Appeals, shall be given to the applicant or recipient and to the complain graph (g) of this section shall be reant, if any.
stored to full eligibility to receive Fed(d) Decisions on record where a hear- eral financial assistance if it satisfies ing is waived. Whenever a hearing is the terms and conditions of that order waived pursuant to paragraph (a) of for such eligibility or if it brings itself § 17.8, a decision shall be made by the into compliance with this part and Director, Office of Hearings and Ap- provides reasonable assurance that it peals on the record and a copy of such will fully comply with this part. decision shall be given in writing to (2) Any applicant or recipient adthe applicant or recipient and to the versely affected by an order entered complainant, if any.
pursuant to paragraph (g) of this sec(e) Rulings required. Each decision tion may at any time request the Secof an administrative law judge or the retary to restore fully its eligibility to Director, Office of Hearings and Ap- receive Federal financial assistance. peals, shall set forth his ruling on (3) If the Secretary denies any such each finding, conclusion, or exception request, the applicant or recipient may presented, and shall identify the re- submit to the Secretary a request for a quirement or requirements imposed by hearing in writing, specifying why it or pursuant to this part with which it believes the Secretary to have been in is found that the applicant or recipi- error. It shall thereupon be given an ent has failed to comply.
expeditious hearing, with a decision on (f) Approval by Secretary. Any final the record in accordance with the prodecision of a hearing examiner or of cedures set forth in Subpart I of Part the Director, Office of Hearings and 4 of this title. The applicant or recipiAppeals, which provides for the sus ent shall be restored to such eligibility pension or termination of, or the re- if it proves at such a hearing that it fusal to grant or continue Federal fi- satisfied the requirements of paranancial assistance, or the imposition of graph (h)(1) of this section. any other sanction available under (4) While proceedings under this this part of the act, shall promptly be paragraph are pending, the sanctions transmitted to the Secretary, who may imposed by the order issued under approve such decision, may vacate it, paragraph (g) of this section shall or remit or mitigate any sanction im remain in effect. posed.
[38 FR 17977, July 5, 1973; 44 FR 54299, (g) Content of decisions. The final
Sept. 19, 1979) decision may provide for the suspension or termination of, or refusal to $17.10 Judicial review. grant or continue Federal financial as
Action taken pursuant to section 602 sistance, in whole or in part, under the
of the act is subject to judicial review program involved, and may contain
as provided in section 603 of the act. such terms, conditions, and other provisions as are consistent with and ef (29 FR 16293, Dec. 4, 1964) fectuate the purposes of the act and this part, including provisions de
$ 17.11 Effect on other regulations; forms signed to assure that no Federal finan
and instructions. cial assistance will thereafter be ex- (a) Effect on other regulations. All tended under such program to the ap- regulations, orders, or like directions plicant or recipient determined by heretofore issued by any officer of the such decision to be in default in its Department which impose requireperformance of an assurance given by ments designed to prohibit any disit pursuant to this regulation, or to crimination against individuals on the have otherwise failed to comply with grounds of race, color, or national this part, unless and until it corrects origin under any program to which its noncompliance and satisfies the this regulation applies and which auSecretary that it will fully comply thorize the suspension or termination with this part.
of or refusal to grant or to continue (h) Post termination proceedings. (1) Federal financial assistance to any apAn applicant or recipient adversely af- plicant for or recipient of such assistfected by an order issued under para ance under such program for failure to comply with such requirements are (29 FR 16293, Dec. 4, 1964, as amended at 43 hereby superseded to the extent that FR 4259, Feb. 1, 1978) such discrimination is prohibited by
$ 17.12 Definitions. this part, except that nothing in this part shall be deemed to relieve any
As used in this part: person of any obligation assumed or
(a) The term “act" means the Civil imposed under any such superseded
Rights Act of 1964 (Pub. L. 88-352 78 regulation, order, instruction, or like Stat. 241). direction prior to the effective date of (b) The term “Department" means this regulation. Nothing in this regula the Department of the Interior, and tion, however, shall be deemed to su:
includes each of its bureaus and ofpersede any of the following (includ.
fices. ing future amendments thereof): (1)
(c) The term "Secretary" means the Executive Orders 10925, 11114 and Secretary of the Interior or, except in 11246, as amended and regulations
$ 17.9(f), any person to whom he has issued thereunder, (2) Executive Order
delegated his authority in the matter 11063 and regulations issued thereun
concerned. der, or any other regulations or
(d) The term “United States" means instructions insofar as such order, reg.
the States of the United States, the
District of Columbia, Puerto Rico, the ulations, or instructions prohibit discrimination on the grounds of race,
Virgin Islands, American Samoa,
Guam, Wake Island, the Canal Zone, color, or national origin in any pro
and the territories and possessions of gram or situation to which this part is
the United States, and the term inapplicable, or prohibit discrimina
“State" means any one of the foregotion on any other ground.
ing. (b) Forms and instructions. The Sec
(e) The term “Federal financial asretary or his designee shall issue and
sistance" includes (1) grants and loans promptly make available to interested
of Federal funds, (2) grants or donapersons instructions and procedures
tions of Federal property and interests for effectuating this part as applied to
in property, (3) the detail of Federal programs to which this part applies
personnel (4) the sale or lease of, or and for which he is responsible.
the permission to use (on other than a (c) Supervision and coordination.
casual or transient basis), Federal The Secretary may from time to time
property or any interest in such propassign to such officials of the Depart
erty without consideration or at a ment as he deems appropriate, or to
nominal consideration or at a considerofficials of other departments or agen ation which is reduced for the purpose cies of the Government with the con
of assisting the recipient or in recognisent of such departments or agencies, tion of the public interest to be served responsibilities in connection with the
by such sale or lease to the recipient, effectuation of the purposes of Title and (5) any Federal agreement, arVI of the act and this part (other than
rangement, or other contract which responsibility for final decision as pro has as one of its purposes the provivided in § 17.9), including the achieve sion of assistance. ment of effective coordination and (f) The term “program" includes any maximum uniformity within the De program, project, or activity for the partment and within the Executive provision of services, financial aid, or Branch of the Government in the ap other benefits to individuals (including plication of Title VI of the act and education or training, health, welfare, this part to similar programs and in rehabilitation, housing, or other servsimilar situations. Any action taken, ices whether provided through emdetermination made or requirement ployees of the recipient of Federal fiimposed by an official of another de- nancial assistance or provided by partment or agency acting pursuant to others through contracts or other aran assignment of responsibility under rangements with the recipient, and inthis paragraph shall have the same cluding work opportunities and cash effect as though such action had been or loan or other assistance to individtaken by the Secretary of the Interior. uals), or for the provision of facilities