§ 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 U.S.C. 791.

   (c)  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, Federal Communications
   Commission, 445 12th Street, SW., Room TWB-204, Washington, DC 20554.

   (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 cause.

   (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
   entity.

   (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) Timely appeals shall be accepted and processed by the Office of the
   Secretary, Federal Communications Commission, 445 12th Street, SW., Room
   TWB-204, Washington, DC 20554.

   (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]

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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.

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General Provisions

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