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financial assistance which is necessary or useful to apprise such persons of the protections against discrimination assured them by the Act and by this part.

seek the cooperation of recipients and applicants in obtaining compliance with this part and shall provide assistance and guidance to recipients and applicants to help them comply voluntarily with this part.

(b) Compliance reports. Each recipi. ent or applicant shall keep such records and submit to the responsible Agency official or his designee timely, complete, and accurate compliance reports at such times, in such form, and containing such information, as the responsible Agency official or his designee may determine to be necessary or useful to enable the Agency to ascertain whether the recipient or applicant has complied or is complying with this part. Recipients and applicants shall have available for Agency officials on request racial/ethnic and national origin data showing the extent to which minorities are or will be beneficiaries of the assistance. In the case of any program under which a primary recipient extends or will extend Federal financial assistance to any other recipient such other recipient shall submit such compliance reports to the primary recipient as may be necessary or useful to enable the primary recipient to carry out its obligations as a recipient or applicant under this part.

(c) Access to source of information. Each recipient shall permit access by the responsible Agency official or his designee during normal business hours to such of its facilities, books, records, accounts, and other sources of information as may be relevant to a determination of whether or not the recipient is complying with this part. Where any information required of a recipient is in the exclusive possession of any other agency, institution, or person and such agency, institution, or person fails or refuses to furnish this information, the recipient shall so certify in its report and shall set forth what efforts it had made to obtain the information.

(d) Information to beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons any information pertinent to the provisions of this part and its applica bility to the program receiving Federal

87.8 Investigations.

(a) Periodic compliance reviews. The Administrator shall from time to time review the practices of recipients to determine whether they are complying with this part.

(b) Complaints. Any person or entity who believes himself or any specific class of persons to be subjected to discrimination prohibited by this part may by himself or by a representative file with the Administrator a written complaint. This complaint should be filed as promptly as possible after the date of the alleged discrimination.

(c) Investigations. The Administrator will make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with this part. The investigation will 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 of whether the recipient has failed to comply with this part.

(d) Resolution of investigations. (1) If an investigation indicates a failure to comply with this part, the Administrator will so inform the recipient and complainant, if any, in writing, and the matter will be resolved by informal means whenever possible. If the Administrator determines that the matter cannot be resolved by informal means, action will be taken as provided for in § 7.9.

(2) If an investigation does not warrant action pursuant to paragraph (d)(1) of this section, the Administrator will so inform the recipient and complainant, if any, 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 the Act or by this part, or because he

or she has made a complaint, testified, mittee of the Senate having legislative assisted, or participated in any manner jurisdiction over the program or activiin an investigation, proceeding, or ty involved, a full written report of the hearing under this part. The Adminis circumstances and the grounds for trator or his designee may agree to such action. keep confidential the identity of any complainant except to the extent that

The termination or refusal to grant or disclosure would be required by law in

continue assistance shall be limited to

the particular political entity, or part proceedings for the enforcement of

thereof, or other recipient as to which this part.

a finding of noncompliance with title (38 FR 17968, July 5, 1973, as amended at 41 VI has been made and shall be limited FR 20655, May 29, 1976)

in its effect to the particular program

or part thereof in which such noncom$ 7.9 Procedure for obtaining compliance.

pliance has been so found. (a) General. If compliance with this

(c) Other means authorized by law. part cannot be assured by informal

No action to effect compliance with means, compliance with this part shall

title VI of the Act by any other means be effected by termination of or refus

authorized by law shall be taken until: al to grant or to continue Federal as

(1) The Administrator has detersistance in accordance with the proce

mined that compliance cannot be sedures of paragraph (b) of this section,

cured by voluntary means, and the reor by any other means authorized by

cipient or other person against whom law in accordance with the procedures

action will be sought has been notified of paragraph (c) of this section. Such

of such determination; and other means include, but are not limited to, (1) a referral of the matter to

(2) The expiration of at least 10 days the Department of Justice with a rec

from the mailing of such notice to the ommendation that appropriate judi

recipient or such other person. During cial proceedings be brought to enforce

this period of at least 10 days, addi. any rights of the United States under

tional efforts may be made to perany law or assurance or contractual

suade the recipient or such other undertaking, and (2) any applicable

person to take such corrective action proceeding under State or local law. A

as may be appropriate. decision to take action under this section shall conform with “Guidelines

8 7.10 Hearings. for the enforcement of Title VI, Civil (a) Opportunity for hearing. WhenRights Act of 1964," 28 CFR 50.3.

ever an opportunity for a hearing is (b) Procedure for termination or re required by $ 7.9(b), reasonable notice fusal to grant or continue assistance. shall be given by certified mail, return An order terminating or refusing to receipt requested, to the affected apgrant or continue Federal assistance plicant or recipient. This notice shall shall become effective only after:

fix a date not less than 3 weeks after (1) The Administrator has advised the date of receipt of such notice the applicant or recipient of its failure within which the applicant or recipi. to comply and has determined that ent may file with the Administrator a compliance cannot be secured by vol. request in writing that the matter be untary means;

scheduled for hearing. An applicant or (2) There has been an express find. recipient may waive a hearing and ing on the record, after opportunity submit written information and argufor hearing, of a failure by the appli. ment for the record. The failure of an cant or recipient to comply with a re applicant or recipient to request a quirement imposed by or under this hearing under this paragraph or to part;

appear at a hearing for which a date (3) The action has been approved by has been set shall be deemed to be a the Administrator pursuant to waiver of the right to a hearing under $ 7.11(e); and

section 602 of the Act and $ 7.9(b) and (4) The expiration of 30 days after consent to the making of a decision on the Administrator has filed with the the basis of such information as is Committee of the House and the Com- available.

(b) Time and place of hearing. Hear. (38 FR 17968, July 5, 1973, as amended at 41 ings shall be held at the offices of the FR 20655, May 20, 1976) Agency in Washington, D.C., unless

8 7.11 Decisions and notices. the Administrator determines that the convenience of the applicant or recipi

(a) Procedure on decisions by an adent or of the Agency requires that an

ministrative law judge. The adminisother place be selected. Hearings shall trative law judge shall make an initial be held at a time fixed by the Admin decision, including his recommended istrator before an administrative law findings and proposed decision, and a judge appointed in accordance with copy of such initial decision shall be section 3105 of Title 5, United States

mailed by certified mail (return reCode, or detailed under section 3344 of ceipt requested) to the applicant or reTitle 5, United States Code.

cipient. The applicant or recipient (c) Right to counsel. In any proceed

may, within 30 days after the receipt ing under this section, the applicant or

of such notice of initial decision, file recipient and the Agency shall have

with the Administrator his exceptions

to the initial decision, and his reasons the right to be represented by counsel.

therefor. In the absence of exceptions, (d) Procedures, evidence, and record.

the Administrator may, on his own (1) The hearing, decision, and any ad

motion, within 45 days after the initial ministrative review thereof shall be

decision, serve on the applicant or reconducted in conformity with 5 U.S.C.

cipient a notice that he will review the 554-557 (1970).

decision. Upon the filing of such ex(2) Technical rules of evidence do

ceptions or of notice of review, the Adnot apply to hearings conducted pur

ministrator shall review the initial desuant to this part, but rules or princi.

cision and issue his own decision ples designed to assure production of

thereon including the reasons therethe most credible evidence available

for. In the absence of either excepand to subject testimony to test by

tions or a notice of review the initial cross-examination shall be applied

decision shall, subject to paragraph (e) where reasonably necessary by the of

of this section, constitute the final deficer conducting the hearing. A tran

cision of the Administrator. script shall be made of the oral evi.

(b) Decisions on record on review by dence except to the extent the sub

the Administrator. Whenever the Adstance thereof is stipulated for the

ministrator reviews the decision of an record. All decisions shall be based

administrative law judge pursuant to upon the hearing record and written

paragraph (a) of this section, the apfindings shall be made.

plicant or recipient, the Agency offi(e) Consolidated or joint hearings. cials responsible, and the complainant, In cases in which the same or related if any, shall be given reasonable opfacts are asserted to constitute either portunity to file with him briefs or (1) noncompliance with this part with

other written statements of their conrespect to two or more types of Feder tentions, and a written copy of the al financial assistance to which this final decision of the Administrator part applies, or (2) noncompliance shall be sent to the applicant or recipiwith both this part and the regula, ent and to the complainant, if any. tions of one or more other Federal de- (c) Decisions on record where a hearpartments or agencies issued under ing is waived. Whenever a hearing is Title VI of the Act, the Administrator waived pursuant to § 7.10(a), a decision may, by agreement where necessary shall be made by the Administrator on with such other departments or agen the record and a written copy of such cies, provide for the conduct of consol. decision shall be sent to the applicant idated or joint hearings, and for the or recipient, and to the complainant, if application to such hearings of rules any. or procedures not inconsistent with (d) Rulings required. Each decision this part. Final decisions in such cases, of an administrative law judge shall insofar as this Agency is concerned set forth his ruling on each finding, shall be made in accordance with conclusion, or exception presented, $ 7.11.

and shall identify the requirement or requirements imposed by or pursuant Administrator determines that those to this part with which it is found that requirements have been satisfied, he the applicant or recipient has failed to shall restore such eligibility. comply.

(3) If the Administrator denies any (e) Approval by Administrator. Any request made under paragraph (g)(2) decision by an official of the Agency of this section, the applicant or recipiother than the Administrator person- ent may submit a request in writing ally, which provides for the termina- for a hearing, specifying why it betion of, or the refusal to grant or con lieves him to have been in error. It tinue, Federal financial assistance, or shall thereupon be given an expedithe imposition of any other sanction tious hearing, with a decision on the available under this part or the Act, record in accordance with rules or proshall promptly be transmitted to the cedures issued by the Administrator. Administrator personally, who may The applicant or recipient will be reapprove such decision, vacate it, or stored to such eligibility if it proves at remit or mitigate any sanction im such a hearing that it satisfied the reposed.

quirements of paragraph (g)(1) of this (f) Content of orders. The final deci section. Failure to file such a request sion may provide for termination of, within 3 weeks after receipt of notice or refusal to grant or continue, Feder- of such denial shall constitute consent al financial assistance, in whole or in to the Administrator's determination. part, to the program involved and may (4) While proceedings under paracontain such terms, conditions, and graph (g) of this section are pending, other provisions as are consistent with the sanctions imposed by the order and will effectuate the purpose of the issued under paragraph (f) of this secAct and this part, including provisions tion shall remain in effect. designed to assure that no Federal financial assistance will thereafter be

(38 FR 17968, July 5, 1973, as amended at 41 extended under such program to the

FR 20655, May 20, 1976) applicant or recipient determined by

87.12 Judicial review. such decision to have failed to comply with requirements imposed by or

Action taken under the act is subject under this part unless and until it cor- to judicial review as provided therein. rects its noncompliance and satisfies the Administrator that it will fully

8 7.13 Effect on other regulations, forms, comply with this part.

and instructions. (g) Post-termination proceedings. (1) (a) Effect on other regulations. All An applicant or recipient adversely af- regulations, orders, or like directions fected by an order issued under para issued before the effective date of this graph (f) of this section shall be re part by any officer of the Agency, or stored to full eligibility to receive Fed by any predecessor of such an officer, eral financial assistance from the which impose requirements designed Agency if it satisfies the terms and to prohibit any discrimination against conditions of that order for such eligi- individuals on the ground of race, bility and brings itself into compliance color, or national origin under any with this part and provides reasonable program to which this part applies, assurance that it will fully comply and which authorize the termination with this part in the future.

of or refusal to grant or to continue (2) Any applicant or recipient ad Federal financial assistance to any apversely affected by an order entered plicant for or recipient of such assistpursuant to paragraph (f) of this sec- ance under such program for failure to tion may at any time request the Ad comply with such requirements, are ministrator to restore fully its eligibil hereby superseded to the extent that ity to receive Federal financial assist the discrimination against which they ance from the Agency. Any such re- are directed is prohibited by this part, quest shall be supported by informa. except that nothing in this part shall tion showing that the applicant or re- relieve any person of any obligation cipient has met the requirements of assumed or imposed under any such paragraph (g)(1) of this section. If the superseded regulations, order, or like tion.

direction before the effective date of PART 8-EQUAL EMPLOYMENT OPthis part. Nothing in this part, howev- PORTUNITY UNDER EPA CONer, supersedes any of the following (in

TRACTS AND EPA ASSISTED CONcluding future amendments thereof):

STRUCTION CONTRACTS (1) Executive Order 11246 (3 CFR 1965 Supp., page 167) and regulations Subpart A-Compliance Standards and issued thereunder, or (2) any other

Procedures orders, regulations, or instructions in

Sec. sofar as such orders, regulations, or

8.1 Purpose. instructions prohibit discrimination on

8.2 Definitions. the ground of race, color, or national

8.3 Responsibilities. origin in any program or situation to 8.4 Equal opportunity clause. which this part is inapplicable, or pro- 8.5 Exemptions. hibit discrimination on any other

8.6 Pre-bid requirements and conferences. ground.

8.7 Affirmative action compliance pro

grams-nonconstruction contracts. (b) Forms and instructions. The Ad

8.8 Affirmative action compliance proministrator shall issue and promptly

grams-construction contracts. make available to all interested per- 8.9 Award of contracts. sons forms and detailed instructions 8.10 Participation in areawide equal emand procedures for effectuating this ployment opportunity program. part as applied to programs to which 8.11 Reports and other required informathis part applies and for which he is

8.12 Compliance reviews. responsible.

8.13 Complaint procedure. (c) Supervision and coordination. 8.14 Hearings and sanctions. The Administrator may from time to 8.15 Intimidation and interference. time assign to officials of the Agency, 8.16 Segregated facilities certificate. or to officials of other departments or

8.17 Solicitations or advertisements for emagencies of the government with the

ployees.

8.18 Access to records of employment. consent of such departments or agen

8.19 Notices to be posted. cies, responsibilities in connection with 8.20 Program directives and instructions. effectuation of the purposes of Title VI of the Act and this part including Subpart B-Compliance Hearing and Appeal the achievement of effective coordina

Procedures tion and maximum uniformity within

GENERAL the Agency and within the Executive Branch of the government in the ap

8.31 Authority.

8.32 Scope of rules. plication of Title VI and this part to

8.33 Definitions. similar programs and in similar situa

8.34 Time computation. tions. The Administrator may delegate in writing any function assigned DESIGNATION AND RESPONSIBILITIES OF (other than responsibility for final de

HEARING EXAMINER cision as provided in $ 7.11) to him by 8.35 Designation. the Act or by this part. Any action 8.36 Authority and responsibilities. taken, determination made or require

APPEARANCE AND PRACTICE ment imposed by an official of another department or agency acting pursuant

8.37 Participation by a party.

8.38 Determination of parties. to an assignment or delegation of re

8.39 Determination and participation of sponsibility under this paragraph shall

amici. have the same effect as though such action had been taken by the Adminis

FORM AND FILING OF DOCUMENTS trator of the Agency.

8.40 Form.

8.41 Filing and service. (38 FR 17968, July 5, 1973, as amended at 41

8.42 Certificate of service. FR 20655, May 20, 1976)

PROCEDURES
8.43 Notice of hearing.
8.44 Answer to notice.

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