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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

PROCEDURES FOR SECTION 504 AND SECTION 508 COMPLAINTS

I. Filing a Complaint

Who may file a complaint? 

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of

disability in any program or activity receiving Federal financial assistance. Section 508 of the 

Act requires Federal agencies to ensure that all electronic and information technology is 

accessible to individuals with disabilities to the same extent that the technology is accessible to 

individuals without disabilities, unless doing so would impose an undue burden on the agency

(see Notice of Rights, accessible at https://www.fmshrc.gov/eeo-policies). 

Any person, whether a Commission employee or a member of the public, who believes 

that he or she has been discriminated against on the basis of a disability (either individually or as 

a member of a class) in violation of section 504, and/or has found the Commission’s electronic 

and information technology to be inaccessible in violation of section 508, may file a complaint 

under these procedures. 

What constitutes a complaint?

Complaints must be in writing, and must contain the name and contact information of the 

complainant and a description of the alleged discriminatory action and/or non-compliance. 

The Commission will keep the identities of complainants confidential except as necessary to 

carry out the purpose of Section 504 and/or Section 508. 

Where and when must complaints be filed? 

Complaints alleging violations of Section 504 or 508 shall be filed with the 504/508 

Complaint Coordinator, Michelle Williams (mwilliams@fmshrc.gov), within one hundred and 

eighty calendar days of the alleged act of discrimination or non-compliance. Complaints may be 

filed by email or first class mail. The complaint is deemed received on the date it is actually 

received by the Complaint Coordinator, or, if mailed, on the date it is postmarked. 

II. Processing a Complaint

Receipt and Status Notification

Within 14 calendar days of the Commission’s receipt of the complaint, the Complaint 

Coordinator shall notify the complainant of receipt and inform the complainant whether the 

complaint is (1) accepted for investigation, (2) insufficient, or (3) rejected.

If the complaint is insufficient (for example, it alleges a violation of section 508 but does 

not describe an instance in which Commission technology was inaccessible), the notification 

shall explain the insufficiency. The complainant then has 30 calendar days to remedy the

complaint. If the complainant fails to do so, the complaint shall be dismissed without prejudice. 
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If the complaint is rejected, the notification shall explain the reason for the rejection. 

A complaint may be rejected if: 

- The complaint is untimely; 

- The issue described does not fall within the scope of section 504 and/or 508; or

- An entity other than the Commission was responsible for the alleged discrimination or 

non-compliance. In such instances, the Complaint Coordinator shall make reasonable 

efforts to direct the complainant to the appropriate entity with which to file the complaint.

Investigation of the Complaint

Complaints which are accepted shall be referred to the relevant Commission personnel 

for investigation. (This may include the EEO Director, Disability Program Coordinator, Section 

508 Coordinator, and/or additional personnel). This investigation must afford all interested 

persons an opportunity to submit information relevant to the complaint. The investigator(s) shall 

maintain records of the investigation. 

Assistance in resolving the complaint through informal means is available during this 

investigation (and at any time during the initial processing or appeal of the complaint).

Determination and Notification

Within 90 calendar days of the Commission’s receipt of the complaint, the complainant shall 

be notified of the results of the investigation in a Determination Letter, which shall contain: 

- Findings of fact;

- Findings as to whether a violation occurred;

- Descriptions of the remedies to be undertaken by the Commission for each violation 

found; and

- Notice of the right to appeal (see Part III).

III. Appeals

Complainants may appeal the findings and/or remedies stated in the Determination Letter 

within 30 calendar days of receipt. Appeals should be clearly marked “Appeal of Section 504 

Decision” or “Appeal of Section 508 Decision,” and should contain specific objections 

explaining why the complainant believes the initial determination was wrong. A copy of 

Determination Letter must be attached. 

Appeals should be submitted to the Complaint Coordinator, who will then forward the 

appeal to the Chairman of the Commission. 

The Chairman shall have access to the records of the initial investigation. Timely appeals 

shall be decided by the Chairman solely based on the records of the initial investigation. The 

Chairman shall issue a written decision in response to the appeal no later than 30 calendar days 

after its filing. 
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IV. Other Matters

Accommodations

The Commission will make appropriate arrangements to ensure that individuals with 

disabilities are provided reasonable accommodations, as needed, to participate in this complaint 

process. Requests for accommodations may be made to the Complaint Coordinator, who will 

forward such requests to the Commission’s Disability Program Coordinator. 

EEO Complaints

Commission employees or applicants should note that complaints under section 504 or 

508 may also constitute a complaint under section 501 of the Rehabilitation Act, which prohibits 

disability-based discrimination against federal employees or applicants. Information on filing a 

discrimination complaint under Section 501 is available on the Commission’s website 

(https://www.fmshrc.gov/documents/eeo-discrimination-complaint-process).