**§15.170 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 and 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).

\(c\) The Deputy Assistant Secretary for Resolution Management shall be
responsible for coordinating implementation of this section. Complaints
may be sent to the Secretary of Veterans Affairs or the Deputy Assistant
Secretary for Resolution Management at the following address: Department
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.

\(d\) The agency shall accept and investigate all complete complaints
for which it has jurisdiction. 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.

\(e\) 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.

\(f\) The agency shall notify the Architectural and Transportation
Barriers Compliance 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 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 §15.170(g) . The agency may extend this
time for good cause.

\(i\) Timely appeals shall be accepted and processed by the head of the
agency.

\(j\) The head of the agency shall notify the complainant of the results
of the appeal within 60 days of the receipt of the request. If the head
of the agency 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
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.

\[53 FR 25885, July 8, 1988, as amended at 53 FR 25885, July 8, 1988; 54
FR 34982, Aug. 23, 1989; 67 FR 3435, Jan. 24, 2002\]

**Supplement *Highlights* reference**: 47(2)

**§§15.171--15.999 \[Reserved\]**

*End of Part 15*