Goto Section: 1.1851 | 1.1901 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1870 Compliance procedures.
(a) Except as provided in paragraph (b) of this section, this section
applies to all allegations of discrimination on the basis of disability
in programs or activities conducted by the Commission.
(b) The Commission shall process complaints alleging violations of
section 504 with respect to employment according to the procedures
established by the Equal Employment Opportunity Commission in 29 CFR
part 1614 pursuant to section 501 of the Rehabilitation Act of 1973, 29
(c) Address for filing complaints. Complaints alleging violation of
section 504 with respect to the Commission's programs and activities
shall be addressed to the Managing Director and filed with the Office
of the Secretary at the FCC's main office, located at the address
indicated in 47 CFR 0.401(a).
(d) Acceptance of complaint. (1) The Commission shall accept and
investigate all complete complaints, as defined in § 1.1803 of this
part, for which it has jurisdiction. All such complaints must be filed
within one-hundred eighty (180) days of the alleged act of
discrimination. The Commission may extend this time period for good
(2) If the Commission receives a complaint that is not complete as
defined in § 1.1803 of this part, the complainant will be notified
within thirty (30) days of receipt of the incomplete complaint that
additional information is needed. If the complainant fails to complete
the complaint within thirty (30) days of receipt of this notice, the
Commission shall dismiss the complaint without prejudice.
(e) If the Commission receives a complaint over which it does not have
jurisdiction, it shall promptly notify the complainant and shall make
reasonable efforts to refer the complaint to the appropriate government
(f) The Commission shall notify the United States Access Board upon
receipt of any complaint alleging that a building or facility that is
subject to the Architectural Barriers Act of 1968, as amended, 42
U.S.C. 4151-4157, is not readily accessible to and usable by
individuals with disabilities.
(g) Within one-hundred eighty (180) days of the receipt of a complete
complaint, as defined in § 1.1803, for which it has jurisdiction, the
Commission shall notify the complainant of the results of the
investigation in a letter containing—
(1) Findings of fact and conclusions of law;
(2) A description of a remedy for each violation found; and
(3) A notice of the right to appeal.
(h) Appeals of the findings of fact and conclusions of law or remedies
must be filed by the complainant within ninety (90) days of receipt
from the Commission of the letter required by § 1.1870(g). The
Commission may extend this time for good cause.
(i) Address for filing appeals. Timely appeals shall be accepted and
processed by the Office of the Secretary at the FCC's main office,
located at the address indicated in 47 CFR 0.401(a).
(j) The Commission shall notify the complainant of the results of the
appeal within sixty (60) days of the receipt of the appeal request. If
the Commission determines that it needs additional information from the
complainant, and requests such information, the Commission shall have
sixty (60) days from the date it receives the additional information to
make its determination on the appeal.
(k) The time limits cited in (g) and (j) of this section may be
extended with the permission of the General Counsel.
(l) The Commission may delegate its authority for conducting complaint
investigations to other federal agencies, except that the authority for
making the final determination may not be delegated to another agency.
[ 68 FR 22316 , Apr. 28, 2003, as amended at 76 FR 70909 , Nov. 16, 2011;
85 FR 64405 , Oct. 13, 2020]
Subpart O—Collection of Claims Owed the United States
Authority: 31 U.S.C. 3701; 31 U.S.C. 3711 et seq.; 5 U.S.C. 5514; sec.
8(1) of E.O. 11609 (3 CFR, 1971-1975 Comp., p.586); redesignated in
sec. 2-1 of E.O. 12107; (3 CFR, 1978 Comp., p. 264); 31 CFR parts
901-904; 5 CFR part 550.
Source: 69 FR 27848 , May 17, 2004, unless otherwise noted.
Goto Section: 1.1851 | 1.1901
Goto Year: 2020 |
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