[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR12.170]

[Page 195-196]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 12_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 
ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY--
 
Sec. 12.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency 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 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) Responsibility for coordinating implementation of this section 
shall be vested in the Director of the Office of Civil Rights, EPA or 
his/her designate.
    (d) The complainant may file a complete complaint at any EPA office. 
All complete complaints must be filed within 180 days of the alleged act 
of discrimination. The agency may extend this time period for good 
cause. The agency shall accept and investigate all complete complaints 
for which it has jurisdiction.
    (e) If the agency 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.

[[Page 196]]

    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building of 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 handicaps.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency 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 90 days of receipt from 
the agency of the letter required by paragraph (g) of this section. The 
agency may extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the 
Administrator or a designee.
    (j) The Administrator or a designee shall notify the complainant of 
the results of the appeal within 60 days of the receipt of the request. 
If the Administrator or designee determines that additional information 
is needed from the complainant, he or she shall have 60 days from the 
date of receipt of the additional information to make his or her 
determination on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
above may be extended with the permission of the Assistant Attorney 
General.
    (l) The agency 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.