would result in such an alteration or such burdens, the agency shall take any other action that result in such an alteration or such burdens but would nevertheless ensure that individuals with handicaps receive the benefits and services of the program or activity. (b) Methods.-(1) General. The agency may comply with the requirements of this section through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock, or any other methods that result in making its programs or activities readily accessible to and usable by individuals with handicaps. The agency is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. The agency, in making alterations to existing buildings, shall meet accessibility requirements to the extent compelled by the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any regulations implementing it. In choosing among available methods for meeting the requirements of this section, the agency shall give priority to those methods that offer programs and activities to qualified individuals with handicaps in the most integrated setting appropriate. (2) Historic preservation programs. In meeting the requirements of § 15e.150(a) in historic preservation programs, the agency shall give priority to methods that provide physical access to individuals with handicaps. In cases where a physical alteration to an historic property is not required because of § 15e.150(a)(2) or (a)(3), alternative methods of achieving program accessibility include (i) Using audio-visual materials and devices to depict those portions of an historic property that cannot otherwise be made accessible; (ii) Assigning persons to guide individuals with handicaps into or through portions of historic properties that cannot otherwise be made accessible; or (iii) Adopting other innovative methods. (c) Time period for compliance. The agency shall comply with the obligations established under this section by January 24, 1994, except that where structural changes in facilities are undertaken, such changes shall be made by November 26, 1996, but in any event as expeditiously as possible. (d) Transition plan. In the event that structural changes to facilities will be undertaken to achieve program accessibility, the agency shall develop, by May 26, 1994, a transition plan setting forth the steps necessary to complete such changes. The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the development of the transition plan by submitting comments (both oral and written). A copy of the transition plan shall be made available for public inspection. The plan shall, at a mini mum (1) Identify physical obstacles in the agency's facilities that limit the accessibility of its programs or activities to individuals with handicaps; (2) Describe in detail the methods that will be used to make the facilities accessible; (3) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (4) Indicate the official responsible for implementation of the plan. §§ 15e.152-15e.159 [Reserved] §15e.160 Communications. (a) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency. (i) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the individual with handicaps. (ii) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature. (2) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective telecommunication systems shall be used to communicate with persons with impaired hearing. (b) The agency shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. (c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility. (d) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 15e.160 would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this section would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with handicaps receive the benefits and services of the program or activity. §§ 15e.161-15e.169 [Reserved] § 15e.170 Compliance procedures. (a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs and activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1614 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). (c) The Director, Office of Advocacy and Enterprise, shall be responsible for coordinating implementation of this section and shall make the determinations described in paragraph (g) of this section. Complaints may be sent to Office of Advocacy and Enterprise, U.S. Department of Agriculture, Washington, DC 20250. (d) The agency shall accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filed within 180 days of the alleged act of discrimination. The agency may extend this time period for good cause. (e) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate Government entity. (f) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to and usable by individuals with handicaps. (g) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the complainant of the results of the investigation in a letter containing (1) Findings of fact and conclusions of law; (2) A description of a remedy for each violation found; and (3) A notice of the right to appeal. (h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of receipt from the agency of the letter required by §15e.170(g). The agency may extend this time for good cause. (1) Timely appeals shall be accepted and processed by the head of the agency. (j) The head of the agency shall notify the complainant of the results of the appeal within 60 days of the receipt of the request. If the head of the agency determines that additional information is needed from the complainant, he or she shall have 60 days from the date of receipt of the additional information to make his or her determination on the appeal. (k) The time limits cited in paragraphs (g) and (j) of this section may be extended with the permission of the Assistant Attorney General. (1) The agency may delegate its authority for conducting complaint investigations to other Federal agencies, except that the authority for making the final determination may not be delegated to another agency. [58 FR 57697, 57699, Oct. 26, 1993, as amended at 58 FR 57697, Oct. 26, 1993] §§ 15e.171-15e.999 [Reserved] PART 151-ADJUDICATIONS UNDER SECTION 741 Subpart A-What Is The Purpose Of These Regulations And To Whom And To What Programs Do They Apply? Sec. 15f.1 What is the purpose of these regulations? 15f.2 Who may use these procedures for processing their discrimination complaint with USDA? 15f.3 If I want to use these procedures to have USDA consider my complaint, how long will it take for USDA to make a decision? 15f.4 What do certain words and phrases in these regulations mean? Subpart B-I Filed A Complaint With USDA Prior To July 1, 1997, How Do I Request That USDA Consider My Complaint Using These Procedures? 15f.5 How do I request that USDA consider my complaint under these procedures? 15f.6 What must I say or include in my Section 741 Complaint Request? 15f.7 May I be represented by an attorney? Subpart C-What Happens After I Send In My Request? May I Seek to Resolve 15f.8 What does the Docketing Clerk do with my request? 15f.9 What will the Director do to settle my Section 741 Complaint Request when it is received? 15f.10 What if I do not want the Director to review my Section 741 Complaint Request and I want to proceed directly to a hearing? Subpart D-If I Request A Hearing, What Will Happen? How Will The Hearing Be Conducted? 15f.11 Where must I file a hearing request and what happens to it? 15f.12 Am I entitled to a hearing in all circumstances? 15f.13 What is the function of the ALJ and who may communicate with him? 15f.14 What happens after I file a request for a hearing? 15f.15 What Happens after the Docketing Clerk notifies all parties? 15f.16 Although I request a hearing, may I request the ALJ to issue a decision without a hearing? 15f.17 What happens before the hearing? 15f.18 May I depose potential witnesses? 15f.19 Other than myself, OCR, and the agency, may any other interested party participate in the proceeding? 15f.20 May I subpoena witnesses to the hearing? 15f.21 What rules are applicable to the actual conduct of the hearing? 15f.22 What happens after the hearing? 15f.23 What will constitute the record for the final determination? 15f.24 When and in what form will a final determination be made on my complaint by USDA? 15f.25 Will USDA pay my attorneys fees if I win? Subpart E-What If I Do Not Agree With The Final Determination By USDA? 15f.26 May I seek judicial review of the final determination? Subpart F-How Do I Count Days For Purposes Of Deadlines And What Happens If Miss A Deadline In These Rules? 15f.27 When is something considered "filed" as required by these rules and to whom do I need to give copies of what I file? 15f.28 When I or someone else has to do something within a certain number of days, how will USDA or the ALJ count the days? 15f.29 May I request an extension of a deadline or may I get relief for missing a deadline in these rules? AUTHORITY: 5 U.S.C. 301; section 101(a) of Pub. L. 105-277, 112 Stat. 2681; Reorganization Plan No. 2 of 1953 (5 U.S.C. App.). SOURCE: 63 FR 67394, Dec. 4, 1998, unless otherwise noted. Subpart A-What Is The Purpose Of These Regulations And To Whom And To What Programs Do They Apply? § 15f.1 What is the purpose of these regulations? These regulations provide the rights of complainants and the procedures for the processing of certain nonemployment related complaints alleging discrimination by USDA that were filed with USDA prior to July 1, 1997, as authorized under section 741(b) of the Ag riculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, enacted in Division A, section 101(a) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Pub. L. 105-277. § 15f.2 Who may use these procedures for processing their discrimination complaint with USDA? A person may use these procedures if he or she filed a nonemployment related discrimination complaint with USDA prior to July 1, 1997, that alleged discrimination by USDA at any time during the period beginning January 1, 1981 and ending December 31, 1996: (a) In violation of the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) in administering— (1) A farm ownership, farm operating, or emergency loan funded from the Agricultural Credit Insurance Program Account; or (2) A housing program established under title V of the Housing Act of 1949; or (b) In the administration of a commodity program or a disaster assistance program. § 15f.3 If I want to use these procedures to have USDA consider my complaint, how long will it take for USDA to make a decision? To the maximum extent practicable, a final determination under these procedures will be issued within 180 days after you have filed your request. § 15f.4 What do certain words and phrases in these regulations mean? Agency means the USDA agency, office, or committee that the complainant alleges has discriminated against the complainant in the administration of a covered program. ALJ means an Administrative Law Judge appointed pursuant to the Administrative Procedure Act (5 U.S.C. 557(b)(3), 3105) who presides over a hearing if requested by a complainant. ASA means the Assistant Secretary for Administration. Complainant means a person who requests that USDA consider his or her complaint under the procedures of this part. Complaint means a written document filed with USDA by a person alleging discrimination by USDA under a covered program. Covered program means: (1) A farm ownership, farm operating, or emergency loan funded from the Agricultural Credit Insurance Program Account; (2) A housing program established under title V of the Housing Act of 1949; or (3) A commodity program or disaster assistance program. Director means the Director of USDA, OCR, or his or her subordinate designee. Docketing clerk means an employee of the USDA Office of Civil Rights, designated to serve in this capacity. Eligible complaint means a complaint that was filed with the Department of Agriculture before July 1, 1997, and that alleges discrimination occurring at any time during the period beginning on January 1, 1981 and ending December 31, 1996— (1) In violation of the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) in administering (i) A farm ownership, farm operating, or emergency loan funded from the Agricultural Credit Insurance Program Account; or (ii) A housing program established under title V of the Housing Act of 1949; or (2) In the administration of a commodity program or a disaster assistance program. Ex parte communication means a prohibited communication between a party to a proceeding and the ALJ outside of the presence of, or without notice to, the other parties to the proceeding, as explained more fully in § 15f.13. Final determination means the final USDA decision made on your complaint under these rules. Hearing means a proceeding in which you may present your case before the ALJ. Interested party means a person, other than the complainant, OCR, and the agency, who has an interest in a proceeding under these rules and is admitted to the proceeding under § 15f.20. OCR means the USDA Office of Civil Rights. Party or parties means the complainant, OCR, the agency, or a person admitted to the proceeding as an interested party. Secretary means the Secretary of Agriculture. Section 741 means section 741 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, enacted in Division A, section 101(a) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Pub. L. 105-277. Section 741 Complaint Request (or Request) means a request by a complainant to consider his complaint under these rules. USDA means the United States Department of Agriculture. Subpart B- Filed A Complaint With USDA Prior To July 1, 1997, How Do I Request That USDA Consider My Complaint Using These Procedures? §15f.5 How do I request that USDA consider my complaint under these procedures? In order for USDA to consider your complaint under these procedures, a Section 741 Complaint Request must be docketed with the Docketing Clerk in the USDA OCR. (a) Do I have to file a "Section 741 Complaint Request" if USDA is already working on my complaint? Do I have to file again? If USDA OCR already reviewed or is working on your complaint, you will receive a notice by March 1, 1999, indicating that your complaint automatically has been docketed as a Section 741 Complaint Request for consideration under these procedures. The notice will provide you with the docket number assigned your Request and will give you further instructions with respect to what options you have or what actions you must take. (b) What if USDA is not working on my complaint? If I think USDA has reviewed or is working on my complaint, but do not receive a letter by March 1, 1999, what should I do? If USDA is not already working on your complaint, or you do not receive a letter from USDA by |