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<br />accurate compliance reports at such
<br />times, and in such form and containing
<br />such information, as the Secretary may
<br />,determine to be necessary to enable :tirn
<br />to ascertain whether the recipient has
<br />complied or is complying with this part.
<br />In the case of any program under which
<br />a primary recipient extends Federal
<br />financial assistance to any other recip-
<br />ient, such other recipient shall also sub-.
<br />snit such compliance reports to the
<br />primary recipient as may be necessary to
<br />enable the primary recipient to carry out
<br />Its obligations under this part.
<br />(c) Access to sources of information,
<br />Each recipient shall permit access by
<br />the Secretary during normal business
<br />.hours to such of its books, records, ac-
<br />counts, and other sources of lnforrrfa-
<br />tion, and its facilities as may be
<br />pertinent- to•ascertain-compliance with
<br />this part. Where any informatlort re-
<br />quired of a recipient Is in the exclusive
<br />possession of any other agency. Institu-
<br />tion, or person and this agency, instltu,
<br />Lion, or person fails or refuses to furnish
<br />this information, the recipient shall so
<br />certify, in its report and shall set forth
<br />what efrorts it has made ,td obtain the
<br />Information.
<br />(d) Information to beneficiaries and
<br />participants. Each recipient shall make
<br />available to participants, beneficiaries,
<br />and other interested persons such in-
<br />formation regarding the provisions of
<br />this part and its applicability to the
<br />Program under which the' recipient re-
<br />ceives Federal financial assistance, and
<br />make such information adailable to
<br />them in such manner, as the Secretary
<br />finds necessary to apprise such person$
<br />.of the protections against discrimina-
<br />tion assured them by the Act and this
<br />part,
<br />$ 21.11'. Conduct of investigation+.
<br />(a) . Periodic compliance reviews. The
<br />Secretary shall from time to time re-
<br />view -the practices of recipients to deter-
<br />mine whether they are complying with.
<br />this part.
<br />(b) Comp:aints. Any person who be-
<br />lieves himself or any specific class of
<br />persons to be subjected to discrimination
<br />prohibited by this part may by himself
<br />or by a representative file with the Sec-
<br />retary a writ tcVe0hipiaint. A complaint
<br />must be filed not later than 90 days after
<br />the date of the alleged discrimination,
<br />unless the time for filing is extended by
<br />the Secretary.
<br />(a) Investigations, The Secretary will
<br />~�Ce a prompt investigation whenever
<br />a compliance review, report, complaint,
<br />or any other information. Indicates a
<br />possible f ilure to comply with this part.
<br />The investigation will include, where
<br />appropriate, a review of the pertinent
<br />Practices and policies of the recipient,
<br />the circurnstances under which the pos-
<br />sible noncompliance with this part oc-
<br />curred, and other factors relevant to a
<br />determination as to whether the recip-
<br />lent has failed to comply with this part,
<br />(d) Resolution of matters. (1) If an
<br />Investigation pursuant to paragraph (c)
<br />of this section Indicates a failure to com-
<br />ply with this part, the Secretary will so
<br />RULES-AND REGIJLATIQM
<br />inform the recipient and the matter will
<br />be resolved by informal means whenever
<br />possible. If it has been determined that
<br />the matter cannot be resolved by in-
<br />formal means, action will be taken as
<br />provided for in $ 21.13.
<br />(2) If an investigation does not war-
<br />rant action pursuant to subparagraph
<br />(1) of this paragraph the Secretary will
<br />so inform the recipient and tho complain-
<br />ant, if any, In writing.
<br />(e) Intimidatory or retaliatory acts
<br />prohibited. No recipient or other per-
<br />son shall intimidate, threaten, coerce, or
<br />discriminate against any individual for
<br />the purpose of interfering with any rights
<br />or privilege secured by section 601 of the
<br />Act or this part, or because he has made
<br />a complaint, testified, assisted, or par-
<br />ticipated in any manner in an Investiga-
<br />tion, proceeding, or hearing under'tTiis
<br />part. The identity of complainants shall
<br />be kept confidential except to the extent
<br />necessary to carry out the purposes of
<br />this part, including the conduct of any
<br />.investigation, hearing; or judicial pro-
<br />ceeding arising thereunder.
<br />21.23 Procedure for effecting corn-
<br />pliancy:.
<br />(a) General. If there appears to be a
<br />failure or threatened failure to comply
<br />with this part, and If the noncompliance
<br />or threatened noncompliance cannot bo
<br />corrected by informal means, compliance
<br />with this part may be effected by the sus-
<br />pension or termination of or refusal to
<br />grant or to continue Federal financial
<br />assistance or by any other means au-
<br />thorized by law. Such other means may
<br />include, but are not limited to, (1) a
<br />reference to the Department of -Justice
<br />with a recommendation that appropriate
<br />proceedings be brought to enforce any
<br />rights of the United States under any law
<br />of the United States (including other
<br />titles of the Act), or any assurance or
<br />other contractual undertaking, and (2)
<br />any applicable proceeding under State
<br />or local law.
<br />(b) Noncompliance with 3 21.7. If an
<br />applicant fails or refuses to furnish an
<br />assurance required under § 21.7 or other-
<br />wise fails or refuses to comply with a re-
<br />quirement imposed by or pursuant to
<br />that section, Federal financial assistance
<br />may be refused in accordance with the
<br />procedures of paragraph (c) of this sec-
<br />tion. The Department shall not be re-
<br />quired to provide assistance in such a
<br />case during the pendency of the adminis-
<br />trative proceedings under such para-
<br />graph. tlowever, subject to ¢ 2.1.21, the
<br />Department shall continue assistance
<br />during the pendency of such proceedings
<br />where suelt assistance is due and pay-
<br />able pursuant to an application approved
<br />prior to the effective date of thus part.
<br />(c) Termination of or refusal to grant
<br />or to continue Federal financial assist-
<br />ance. No order suspending, terminating,
<br />or ref u:ang to grantor continue Federal
<br />financial assistance shall become effec-
<br />tive until —
<br />(1) The Secretary nas advised the ap-
<br />plicant or recipient of his failure to com-
<br />ply and has determined that compliance
<br />cannot be secured by voluntary . means;
<br />P M F
<br />(2) 'There has been an express finding
<br />on the record, afteropportunity for hear-
<br />ing, of a failure by the applicant or re-
<br />cipient to comply with a requirement im-
<br />posed by or pursuant to this part;
<br />(3) The action has been approved by
<br />the Secretary pursuant to f 21.17(e); and
<br />(4) The expiration of 30 days after
<br />the Secretary has filed w!tlt the commit-
<br />tee of the House and the committeo or
<br />the Senate . having legislative iur!sdic
<br />tion over the program involved, a full
<br />written report of the circumstances and
<br />the grounds for such action.
<br />Any action to suspend or terminate or
<br />to refuse to grant or to continue Federal
<br />financial assistance shall be limited to
<br />the particular political entity, or part
<br />thereof, or other applicant or recipient
<br />as to whom such a finding has beenmade
<br />and-slfali'be lijhited in its effect to the
<br />Particular program, or part thereof, in
<br />which such noncompliance has been so
<br />found.
<br />(d) Other means authorized by law.
<br />No action to effect compliance with title
<br />VI of the Act by any other means au-
<br />thorized by law shall be taken by this
<br />Department Until—
<br />(1) The Secretary has determined that
<br />compliance cannot be secured by
<br />voluntary means;
<br />(2) The recipient or other person has
<br />been notified of its failure to comply
<br />and of the action to be taken to
<br />effect compliance; and
<br />(3) The expiration of at least 10 days
<br />from the mailing of such notice to the
<br />recipient or other person. During this.
<br />period of at least 10 days, additional
<br />efforts shall be made to persuade the
<br />recipient or other person to comply with
<br />the regulation and to take such corrective
<br />action as maybe appropriate.
<br />§ 21.15 Hearings.
<br />(a) Opportunity for hearing. When -
<br />ever an opportunity for a hearing is
<br />required by $ 21.13(c), reasonable notice
<br />shall be given by registered or certhled
<br />mail, return receipt requested. to the
<br />afrected applicant or recipient. This no-
<br />tice shall advise the applicant or re-
<br />cipient of* the action proposed to be
<br />taken, the specific provision under which
<br />the proposed action against it Is to be
<br />taken, and the matters or fact or law
<br />asserted as the basis for thLc action, and
<br />either (1) fix a date not less than `20
<br />days after the date of such notice within
<br />.which the applicant or recipient may
<br />request of the Secretary that the matter
<br />be scheduled for heating or (2) advise
<br />the applicant or recipient that the matter
<br />In question has been set down for hear-
<br />ing at a stated place and time. The time
<br />and place so fixed shall be reasonable
<br />and shall be subject to change for cause.
<br />The complainant, if any, shall -be advised
<br />of the time and place of the heac9ng. An
<br />applicant or recipient may waive a
<br />hearing and submit written information
<br />and argument for the record. The failure
<br />of an applicant or recipient to request
<br />a hearing under this paragraph or to
<br />appear at a hearing for which a date
<br />has been set shall be deemed to be a
<br />waiver of the right to a hearing under
<br />section 602 of the Act and ¢ 21.13(c) and
<br />FEDERAL REGISTER, VOL 35, NO. 118— I.4URSDAY, JULIE la, 1970
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