§ 1576 TITLE 29—LABOR Page 626

§ 1576. Administrative adjudication

(a) Hearing after denial of assistance or sanction

by Secretary

Whenever any applicant for financial assistance under this chapter is dissatisfied because

the Secretary has made a determination not to

award financial assistance in whole or in part to

such applicant, the applicant may request a

hearing before an administrative law judge of

the Department of Labor. A similar hearing may

also be requested by any recipient upon whom a

corrective action or a sanction has been imposed

by the Secretary. Except to the extent provided

for in section 1551(c) of this title, subsections (d)

and (e) of section 1554 of this title, or section

1577 of this title, all other disputes arising under

this chapter shall be adjudicated under grievance procedures established by the recipient or

under applicable law other than this chapter.

(b) Time for filing exceptions; final action by

Secretary

The decision of the administrative law judge

shall constitute final action by the Secretary

unless, within 20 days after receipt of the decision of the administrative law judge, a party

dissatisfied with the decision or any part thereof

has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception

not specifically urged shall be deemed to have

been waived. Thereafter the decision of the administrative law judge shall become the final

decision of the Secretary unless the Secretary,

within 30 days of such filing, has notified the

parties that the case has been accepted for review.

(c) Time for Secretary’s review

Any case accepted for review by the Secretary

shall be decided within one hundred and eighty

days of such acceptance. If not so decided, the

decision of the administrative law judge shall

become the final decision of the Secretary.

(d) Judicial review

The provisions of section 1578 of this title

shall apply to any final action of the Secretary

under this section.

(Pub. L. 97–300, title I, §166, Oct. 13, 1982, 96 Stat.

1351; Pub. L. 102–367, title I, §134(b), Sept. 7, 1992,

106 Stat. 1046.)

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–367 inserted ‘‘section

1551(c) of this title, subsections (d) and (e) of section

1554 of this title, or’’ after ‘‘Except to the extent provided for in’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1554, 1578, 1791c

of this title; title 20 section 6104.

§ 1577. Nondiscrimination

(a) Applicability of equal protection provisions;

prohibition of construction of religious facility; nondiscrimination against funded activity participants; participant citizenship

(1) For the purpose of applying the prohibitions against discrimination on the basis of age

under the Age Discrimination Act of 1975 [42

U.S.C. 6101 et seq.], on the basis of handicap

under section 504 of the Rehabilitation Act [29

U.S.C. 794], on the basis of sex under title IX of

the Education Amendments of 1972 [20 U.S.C.

1681 et seq.], or on the basis of race, color, or national origin under title VI of the Civil Rights

Act of 1964 [42 U.S.C. 2000d et seq.], programs and

activities funded or otherwise financially assisted in whole or in part under this chapter are

considered to be programs and activities receiving Federal financial assistance.

(2) No individual shall be excluded from participation in, denied the benefits of, subjected to

discrimination under, or denied employment in

the administration of or in connection with any

such program because of race, color, religion,

sex, national origin, age, disability, or political

affiliation or belief.

(3) Participants shall not be employed on the

construction, operation, or maintenance of so

much of any facility as is used or to be used for

sectarian instruction or as a place for religious

worship.

(4) With respect to terms and conditions affecting, or rights provided to, individuals who

are participants in activities supported by funds

provided under this chapter, such individuals

shall not be discriminated against solely because of their status as such participants.

(5) Participation in programs and activities financially assisted in whole or in part under this

chapter shall be open to citizens and nationals

of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugees

and parolees, and other individuals authorized

by the Attorney General to work in the United

States.

(b) Recipient noncompliance and Secretary’s action

Whenever the Secretary finds that a State or

other recipient has failed to comply with a provision of law referred to in subsection (a)(1) of

this section, with paragraph (2), (3), (4), or (5) of

subsection (a) of this section, or with an applicable regulation prescribed to carry out such paragraphs, the Secretary shall notify such State or

recipient and shall request it to comply. If within a reasonable period of time, not to exceed

sixty days, the State or recipient fails or refuses

to comply, the Secretary may—

(1) refer the matter to the Attorney General

with a recommendation that an appropriate

civil action be instituted;

(2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964

[42 U.S.C. 2000d et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 504 of the Rehabilitation Act [29 U.S.C.

794], as may be applicable; or

(3) take such other action as may be provided by law.