45 C.F.R. § 91.33

Assurance of compliance and recipient assessment of age distinctions

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(a) Each recipient of Federal financial assistance from HHS shall sign a written assurance as specified by HHS that it will comply with the Act and these regulations.

(b) Recipient assessment of age distinctions. (1) As part of a compliance review under § 91.41 or complaint investigation under § 91.44, HHS may require a recipient employing the equivalent of 15 or more employees to complete a written self-evaluation, in a manner specified by the responsible Department official, of any age distinction imposed in its program or activity receiving Federal financial assistance from HHS to assess the recipient's compliance with the Act.

(2) Whenever an assessment indicates a violation of the Act and the HHS regulations, the recipient shall take corrective action.

Notes of Decisions

Cited in 3 cases, 1986–1991 · leading case: Action All. of Senior Citizens of Greater Philadelphia v. Margaret Heckler, 789 F.2d 931 (D.C. Cir. 1986).

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Action All. of Senior Citizens of Greater Philadelphia v. Margaret Heckler, 789 F.2d 931 (D.C. Cir. 1986). “See 45 C.F.R. § 91.33 (b). Because this provision is explicitly limited to recipients who have been singled out for review or investigation, the prescription is too narrowly focused to qualify as a discretionary version of the generally-applicable self-evaluation provision in…”

Action All. of Senior Citizens of Greater Philadelphia v. Louis W. Sullivan, 930 F.2d 77 (D.C. Cir. 1991). · cites it 2× “45 C.F.R. § 91.33 (b) (1990). Action Alliance of Senior Citizens of Greater Philadelphia sued HHS and OMB, claiming among other things that provisions of this sort were not subject to OMB’s authority under the Paperwork Act.”

Action All. of Senior Citizens of Greater Philadelphia v. Otis R. Bowen, 846 F.2d 1449 (D.C. Cir. 1988). “45 C.F.R. § 91.33 (b)(1) (emphasis added).”

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