§ 1040.101 Compliance reviews. ( a ) The Director shall periodically conduct compliance reviews of selected recipients of DOE Federal financial assistance.
( b ) The Director shall seek to review those recipients which have the most serious equal opportunity problems which cause the greatest disparity in delivery of services on a nondiscriminatory basis. Selection for review is to be made on the basis of the following criteria, among others: ( 1 ) The relative disparity between the percentage of minorities, women, or handicapped persons, in the relevant labor market, and the percentage of minorities, women, or handicapped persons, employed by the recipient if employment practices are covered by this part;
( 2 ) The percentage of individuals covered by the Age Discrimination Act of 1975, minorities, women and handicapped persons in the population receiving program benefits.
( 3 ) The number and nature of discrimination complaints filed against a recipient with DOE or other Federal agencies;
( 4 ) The scope of the problems revealed by an investigation commenced on the basis of a complaint filed with DOE against a recipient; and
( 5 ) The amount of assistance provided to the recipient.
( c ) After selection of a recipient for review, the Director Federally Assisted Programs Division or the Director's designee, shall inform the recipient of the selection. The notice shall be in writing and posted thirty days prior to the scheduled review. The letter will ordinarily request data pertinent to the review and advise the recipient of: ( 1 ) The practices to be reviewed;
( 2 ) The programs or activities affected by the review;
( 3 ) The opportunity to make, at any time prior to receipt of DOE's finding, a written submission responding to DOE which explains, validates, or otherwise addresses the practices under review; and
( 4 ) The schedule under which the review will be conducted and a determination of compliance or noncompliance made.
( d ) Within 90 days of arriving on-site to conduct the review, the Director, FAPD, shall advise the recipient, in writing, of: ( 1 ) Preliminary findings;
( 2 ) Where appropriate, recommendations for achieving voluntary compliance; and
( 3 ) The opportunity to request DOE to engage in voluntary compliance negotiations prior to the Director's final determination of compliance or noncompliance. The Director or the Director's designee shall notify the Assistant Attorney General at the same time the recipient is notified of any matter where recommendations for achieving voluntary compliance are made.
( e ) If, within 45 days of the recipient's notification under paragraph (d) of this section, the Director's (FAPD) recommendations for compliance are not met, or voluntary compliance is not secured, or the preliminary findings are not shown to be false, the matter will be forwarded to the Director for a determination of compliance or noncompliance. The determination is to be made no later than 60 days after the recipient has been notified of the preliminary findings. If the Director makes a determination of noncompliance, the Department shall institute actions specified in subparts G and H.
( f ) Where the Director makes a formal determination of noncompliance, the recipient and the Assistant Attorney General shall be immediately advised, in writing, of the determination and of the fact that the recipient has an additional 10 days in which to come into voluntary compliance. If voluntary compliance has not been achieved within the 10 days, the Director shall institute proceedings under subpart H.
( g ) All agreements to come into voluntary compliance shall be in writing and signed by the Director and an official who has authority to legally bind the recipient.