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  <FDSYS>
    <CFRTITLE>32</CFRTITLE>
    <CFRTITLETEXT>National Defense</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2002-07-01</DATE>
    <ORIGINALDATE>2002-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Ensuring compliance with this part in programs and activities conducted by the Department of Defense.</TITLE>
    <GRANULENUM>56.10</GRANULENUM>
    <HEADING>Section 56.10</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 32" SEQ="4">National Defense</PARENT>
      <PARENT HEADING="Subtitle A" SEQ="3">Department of Defense</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="2">OFFICE OF THE SECRETARY OF DEFENSE</PARENT>
      <PARENT HEADING="SUBCHAPTER C" SEQ="1">PERSONNEL, MILITARY AND CIVILIAN</PARENT>
      <PARENT HEADING="PART 56" SEQ="0">NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES ASSISTED OR CONDUCTED BY THE DEPARTMENT OF DEFENSE</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 56.10</SECTNO>
    <SUBJECT>Ensuring compliance with this part in programs and activities conducted by the Department of Defense.</SUBJECT>
    <P>(a) <E T="03">Supplementary guidelines.</E> (1) Whenever necessary, the ASD(MRA&amp;L), or designee, shall publish supplementary guidelines for programs and activities that are conducted by DoD Components and that are subject to this Directive. Prior to their issuance, the ASD(MRA&amp;L), or designee, shall submit supplementary guidelines prepared pursuant to this subsection to the Coordination and Review Section, Civil Rights Division, Department of Justice, for review.</P>

    <P>(2) The heads of DoD Components, or designees, shall be responsible for keeping the supplementary guidelines described in this section current and accurate. When a DoD Component head determines that a program or activity <PRTPAGE P="228"/>should be added to or deleted from the guidelines, that official shall notify the ASD(MRA&amp;L), or designee, in writing.</P>
    <P>(b) <E T="03">Staff responsibilities.</E> The ASD(MRA&amp;L), or designee, shall determine DoD Component compliance with this part as it pertains to programs and activities that are conducted by DoD Components and are subject to this part.</P>
    <P>(c) <E T="03">Filing of complaints.</E> (1) Complaints of discrimination in a program or activity conducted by a DoD Component may be filed directly with the ASD(MRA&amp;L), or designee.</P>
    <P>(2) DoD Components shall develop procedures, such as posters or other devices, to notify participants in the programs and activities listed in § 56.7(c) of their right to be free of discrimination because of handicap in those programs and activities and of their right to file complaints of discrimination with the ASD(MRA&amp;L), or designee.</P>
    <P>(d) <E T="03">Investigations of complaints.</E> (1) The ASD(MRA&amp;L), or designee, shall investigate complaints of discrimination in programs and activities that are conducted by DoD Components and are subject to this part.</P>
    <P>(2) A case record of each investigation shall be compiled in accordance with § 56.9(j)(2).</P>
    <P>(e) <E T="03">Results of investigations.</E> If the complaint investigation results in a determination by the ASD(MRA&amp;L), or designee, that a DoD Component's program or activity is not complying with § 56.9, the ASD(MRA&amp;L), or designee, shall proceed as prescribed in § 56.9 (n) through (v). Hearings prescribed under § 56.9(r) however, need not be conducted. If the ASD(MRA&amp;L), or designee, determines that the DoD Component is in compliance, the ASD(MRA&amp;L), or designee, shall notify the complainant within 15 calendar days of such determination.</P>
    <P>(f) <E T="03">Written notice.</E> If an investigative report concludes that there has been a violation of this part in a program or activity conducted by a DoD Component and the ASD(MRA&amp;L), or designee, accepts that conclusion, that official shall issue to the head of the DoD Component a written notice describing the apparent violation, the corrective actions necessary to achieve compliance, and a suspense date for completion of the corrective actions.</P>
    <P>(g) <E T="03">Effecting compliance.</E> When necessary to overcome the effects of discrimination in violation of this part the ASD(MRA&amp;L), or designee, may require a DoD Component to take remedial action similar to that in § 56.9(n)(2).</P>
    <P>(h) <E T="03">Employment.</E> DoD Components that conduct Federal programs or activities covered by this part that involve employment of civilian persons to conduct such a program or activity must comply with section 501 of the Rehabilitation Act of 1973, as amended, and the implementing rules and regulations of the EEOC.</P>
  </SECTION>
</CFRGRANULE>

