(a) Periodic compliance reviews. The responsible Department official 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 responsible Department official or his designee 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 responsible Department official or his designee.
(c) Investigations. The responsible Department official or his designee 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 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 responsible Department official or his designee will so inform the recipient 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 § 80.8.
(2) If an investigation does not warrant action pursuant to paragraph (d)(1) of this section the responsible Department official or his designee will so inform the recipient and the 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 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.
(Secs. 601, 602, Civil Rights Act of 1964, 78 Stat. 252 (42 U.S.C. 2000d, 2000d-1))
[29 FR 16298, Dec. 4, 1964, as amended at 38 FR 17981, 17982, July 5, 1973]
Notes of Decisions
Cannon v. Univ. of Chicago, 441 U.S. 677 (1979).
· cites it 2× “45 CFR §§ 80.7 (b), (c), 86.71 (1978). The federal respondents have represented to the Court that they would, "of course, fulfill their responsibility under applicable regulations to conduct an administrative investigation of petitioner's charges" should this Court affirm the…”
Parents Involved in Cmty. Schs. v. Seattle Sch. Dist. No. 1, 551 U.S. 701 (2007).
· cites it 2× “Memorandum of Agreement between Seattle School District No. 1 of King County, Washington, and the Office for Civil Rights, United States Department of Health, Education, and Welfare 2 (June 9, 11978); see also 45 CFR §80.”
Colwell v. Dep't of Health & Human Servs., 558 F.3d 1112 (9th Cir. 2009).
· cites it 2× “§ 2000d-1; 45 C.F.R. §§ 80.7 (d)(1), 80.8(d). The 2003 Policy Guidance provides that if an investigation results in “a finding of noncompliance, HHS must inform the recipient of the noncompliance through a Letter of Findings that sets out the areas of noncompliance and the steps…”
Patton Ex Rel. Lewis v. Dumpson, 498 F. Supp. 933 (S.D.N.Y. 1980).
· cites it 3× “7 or the Department’s own complaint investigation procedures established pursuant to 45 C.F.R. 80.7. Such a standard for Section 504 is- consistent with Departmental policy followed under Title VI of the Civil Rights Act of 1964, the statute prohibiting discrimination on the…”
Nat'l Ass'n v. Wilmington Med. Ctr., Inc., 453 F. Supp. 280 (D. Del. 1978).
· cites it 3× “45 C.F.R. § 80.7 (b). Regulations for effectuating the rights guaranteed by Section 504 became effective June 3, 1977.”
Vives v. Fajardo, 472 F.3d 19 (1st Cir. 2007).
“§ 794a; 45 C.F.R. § 80.7 (e). Specifically, appellants claim that Reyes, Rodriguez, and Sabo told the Puerto Rico Department of Family (DOF) that Vives and Trinidad were negligent parents in retaliation for filing a complaint with a federal agency asserting disability…”
Lloyd v. Illinois Reg'l Transp. Auth., 548 F. Supp. 575 (N.D. Ill. 1982).
· cites it 2× “at 941 citing 45 C.F.R. § 80.7 (c). In addition, the complainant has no right to object to, or seek administrative review of, HEW’s finding of the recipient’s compliance with the regulation.”
— 45 C.F.R. § 80.7(b) — 2 cases
— 45 C.F.R. § 80.7(c) — 1 case
Patton Ex Rel. Lewis v. Dumpson, 498 F. Supp. 933 (S.D.N.Y. 1980).
“7 or the Department’s own complaint investigation procedures established pursuant to 45 C.F.R. 80.7. Such a standard for Section 504 is- consistent with Departmental policy followed under Title VI of the Civil Rights Act of 1964, the statute prohibiting discrimination on the…”
— 45 C.F.R. § 80.7(d)(2) — 1 case
Patton Ex Rel. Lewis v. Dumpson, 498 F. Supp. 933 (S.D.N.Y. 1980).
“7 or the Department’s own complaint investigation procedures established pursuant to 45 C.F.R. 80.7. Such a standard for Section 504 is- consistent with Departmental policy followed under Title VI of the Civil Rights Act of 1964, the statute prohibiting discrimination on the…”
— 45 C.F.R. § 80.7(e) — 1 case
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