28 C.F.R. § 42.205 Complaint Investigation

• Library: Code of Federal Regulations
• Edition: 2023
• Currency: Current through December 31, 2023
• Citation: 28 C.F.R. § 42.205
• Year: 2023

(a) The Office shall investigate complaints filed by or on behalf of an individual claiming to be aggrieved, that allege a violation of section 815(c)(1) of the JSIA, or this subpart.

(b) No complaint will be investigated if it is received more than one year after the date of the alleged discrimination, unless the time for filing is extended by the Director of OJARS for good cause shown.

(c) The Office shall conduct investigations of complaints as follows:

(1) Within 21 days of receipt of a complaint the Office shall:(i) Ascertain whether it had jurisdiction under paragraphs (a) and (b) of this section; (ii) If jurisdiction is found, notify the recipient alleged to be discriminating of its receipt of the complaint and (iii) Initiate the investigation.

(2) The investigation will ordinarily be initiated by a letter requesting data pertinent to the complaint and advising the recipient of (i) The nature of the complaint, and, with the written consent of the complainant, the identity of the complainant; (ii) The programs or activities affected by the complaint; (iii) The opportunity to make, at any time prior to receipt of the Office's preliminary findings, a documentary submission, responding to, rebutting, or denying the allegations made in the complaint; and (iv) The schedule under which the complaint will be investigated and a determination of compliance or non-compliance made Copies of this letter will also be sent to the chief executive of the appropriate unit(s) of government, and to the appropriate CJC.

(3) Within 150 days or, where an on-site investigation is required, within 175 days after the initiation of the investigation, the Office shall advise the complainant the recipient, the chief executive(s) of the appropriate unit(s) of government, and the appropriate CJC of:(i) Its investigative findings; (ii) Where appropriate, its recommendations for compliance; and (iii) If it is likely that satisfactory resolution of the complaint can be obtained, the recipient's opportunity to request the Office to engage in voluntary compliance negotiations prior to the Director of OJARS' determination of compliance or non-compliance.

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