[Title 40 CFR 7.120]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY]
[Subchapter A - GENERAL]
[Part 7 - NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY]
[Subpart E - Agency Compliance Procedures]
[Sec. 7.120 - Complaint investigations.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT12002-07-012002-07-01falseComplaint investigations.7.120Sec. 7.120PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCYGENERALNONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCYAgency Compliance Procedures
Sec. 7.120  Complaint investigations.

    The OCR shall promptly investigate all complaints filed under this 
section unless the complainant and the party complained against agree to 
a delay pending settlement negotiations.
    (a) Who may file a complaint. A person who believes that he or she 
or a specific class of persons has been discriminated against in 
violation of this part may file a complaint. The complaint may be filed 
by an authorized representative. A complaint alleging employment 
discrimination must identify at least one individual aggrieved by such 
discrimination. Complaints solely alleging employment discrimination 
against an individual on the basis of race, color, national origin, sex 
or religion shall be processed under the procedures for complaints of 
employment discrimination filed against recipients of Federal assistance 
(see 28 CFR part 42, subpart H and 29 CFR part 1691).

[[Page 138]]

Complainants are encouraged but not required to make use of any 
grievance procedure established under Sec. 7.90 before filing a 
complaint. Filing a complaint through a grievance procedure does not 
extend the 180 day calendar requirement of paragraph (b)(2 of this 
section.
    (b) Where, when and how to file complaint. The complainant may file 
a complaint at any EPA office. The complaint may be referred to the 
region in which the alleged discriminatory acts occurred.
    (1) The complaint must be in writing and it must describe the 
alleged discriminatory acts which violate this part.
    (2) The complaint must be filed within 180 calendar days of the 
alleged discriminatory acts, unless the OCR waives the time limit for 
good cause. The filing of a grievance with the recipient does not 
satisfy the requirement that complaints must be filed within 180 days of 
the alleged discriminatory acts.
    (c) Notification. The OCR will notify the complainant and the 
recipient of the agency's receipt of the complaint within five (5) 
calendar days.
    (d) Complaint processing procedures. After acknowledging receipt of 
a complaint, the OCR will immediately initiate complaint processing 
procedures.
    (1) Preliminary investigation. (i) Within twenty (20) calendar days 
of acknowledgment of the complaint, the OCR will review the complaint 
for acceptance, rejection, or referral to the appropriate Federal 
agency.
    (ii) If the complaint is accepted, the OCR will notify the 
complainant and the Award Official. The OCR will also notify the 
applicant or recipient complained against of the allegations and give 
the applicant or recipient opportunity to make a written submission 
responding to, rebutting, or denying the allegations raised in the 
complaint.
    (iii) The party complained against may send the OCR a response to 
the notice of complaint within thirty (30) calendar days of receiving 
it.
    (2) Informal resolution. (i) OCR shall attempt to resolve complaints 
informally whenever possible. When a complaint cannot be resolved 
informally, OCR shall follow the procedures established by paragraphs 
(c) through (e) of Sec. 7.115.
    (ii) [Reserved]
    (e) Confidentiality. EPA agrees to keep the complainant's identity 
confidential except to the extent necessary to carry out the purposes of 
this part, including the conduct of any investigation, hearing, or 
judicial proceeding arising thereunder. Ordinarily in complaints of 
employment discrimination, the name of the complainant will be given to 
the recipient with the notice of complaint.
    (f) [Reserved]
    (g) Dismissal of complaint. If OCR's investigation reveals no 
violation of this part, the Director, OCR, will dismiss the complaint 
and notify the complainant and recipient.