USDA Department Regulation 4330-002

USDA_Dept_Reg_4330-002.pdf

Equal Opportunity Program Delivery Compliance Review Tool

USDA Department Regulation 4330-002

OMB: 0596-0215

Document [pdf]
Download: pdf | pdf
U.S. Department of Agriculture
Washington, D.C. 20250

DEPARTMENTAL REGULATION
SUBJECT: Nondiscrimination in Programs and Activities

Receiving Federal Financial Assistance From USDA

Number:

4330-002

DATE:

March 3, 1999
OPI: Office of' Civil Rights

1

PURPOSE

The purpose of this Departmental Regulation (DR) is to establish and convey policy and
provide guidance and direction to Department of Agriculture (the Department or USDA)
agencies and employees to ensure compliance with and enforcement of the prohibition
against discrimination in programs and activities funded in whole or in part by the
Department. This DR is limited to and specifically addresses.
a
Conducting civil rights compliance reviews of programs and
activities receiving financial assistance from USDA- and
b
Processing administrative complaints of discrimination filed with
the Department in any program or activity receiving financial assistance
from USDA.
2

SPECIAL INSTRUCTIONS

This regulation replaces DR 4330-001, Departmental Policy for Program Compliance
Reviews, dated June 27, 1986.
3

SCOPE

This regulation applies to all programs and activities receiving Federal financial
assistance from USDA, its agencies and instrumentalities, and to the processing of all
complaint and compliance review investigations pertaining to those programs and
activities.
4 POLICY
It is USDA policy to ensure.no person is subject to prohibited discrimination in programs
and activities funded in whole or part by USDA based on race, color, national origin,
gender, religion, age, disability, and, where applicable, political beliefs, marital or
familial status, income, or because of the receipt of public assistance. The policy, in part,
is enforced by

DR 4330-002

March 3, 1999

a
fairly and efficiently responding to discrimination complaints filed
against recipients of Federal financial assistance by USDA; and
b systematically evaluating whether and the extent to which recipients of
Federal USDA financial assistance conduct their programs and activities
in a manner consistent with applicable Federal and USDA civil rights
requirements.
No person shall be subjected to reprisal or harassment because he or she
filed a discrimination complaint; participated in or contributed to the
identification, investigation, prosecution, or resolution of civil rights
violations in or by a recipient of Federal financial assistance from USDA;
or otherwise aided or supported the enforcement of Federal or USDA civil
rights laws, rules, regulations, or policies.
5 AUTHORITIES/REFERENCES
a Statutory
(1)
Title VI of the Civil Rights Act of 1964, as
amended, 42 USC 2000d.
(2)
Section 504 of the Rehabilitation Act of
1973, as amended, 29 USC 794.
(3)
Americans with Disabilities Act of 1990, 42
U.S.C. 12101 et. seq.
(4)
Age Discrimination Act of 1975, 42 USC
601 et seq.
(5)
Title IX of the Education Amendments of
1972, et. seq.
(6)
Civil Rights Restoration Act of 1987, P.L.
100-259, as amended by, Civil Rights Restoration
Act of 199 1, P.L. 102-166.
(7)
Title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of
1988, 42 USC §§3601 et seq.
(8)
Food Stamp Act of 1977, as amended by the
Food Stamp Improvement Act of 1994, 7 USC
§2011 et seq.

2

DR 4330-002

March 3, 1999

b Regulatory and Executive Orders
(1)

7 CFR Part 2, Subpart P.

(2)

7 CFR Part 15-Nondiscrimination.

(3) 7 CFR Part l5a-Education Programs or
Activities Receiving or Benefiting From Federal
Financial Assistance.
(4)
7 CFR Part 15b-Nondiscrimination on the
Basis of Handicap in Programs and Activities
Receiving Federal Financial Assistance.
(5)
45 CFR Part 90-Nondiscrimination on the
Basis of Age in Programs and Activities Receiving
Federal Financial Assistance.
(6)
28 CFR Part 42 Subpart F - Coordination of
Enforcement of Nondiscrimination in Federally
Assisted Programs.
(7)
28 CFR 50.3 - Guidelines for the
Enforcement of Title VI, Civil Rights Act of 1964.
(8)
28 CFR Part 35 - Nondiscrimination on the
Basis of Disability in State and Local Government
Services.
(9) 29 CFR 1691; 28 CFR Part 42, Subpart H Procedures for Complaints of Employment
Discrimination Filed Against Recipients of Federal
Financial Assistance.
(10) 28 CFR 1640 - Procedures for Coordinating the
Investigation of Complaints or Charges of
Employment Discrimination Based on Disability
Subject to the Americans with Disabilities Act and
Section 504 of the Rehabilitation Act of 1973.
(11) 28 CFR Part 41 - Implementation of Executive
Order 12550, Nondiscrimination on the Basis of
Handicap in Federally Assisted Programs.
(12) 28 CFR Part 35, Subpart F - Compliance
Procedures.

3

DR 4330-002

March 3, 1999

(13) Executive Order 12250, Leadership and
Coordination of Nondiscrimination Laws, Issued
November 2, 1980.
(14) Executive Order 12250, Federal Actions to
Address Environmental Justice in Minority
Populations and Low-Income Populations.
c Departmental Regulations/Policy

(1)
USDA DR 4300-5, Agency Civil Rights
programs, dated January 14, 1998.
(2)
USDA DR 4300-3, Equal Opportunity
Public Notification Policy, dated February 25, 1998.
(3)
USDA DR 4300-6 Civil Rights Policy for
the U.S. Department of Agriculture, dated March
16, 1998.
(4)
USDA DR 5600-2, Environmental Justice,
dated December 15, 1997.
(5)
Secretary's Memorandum 10 10-4,
Restructuring Departmental Administration, dated
May 16, 1997.
6 DEFINITIONS
a
Agency - Any bureau, agency, office, administration, or
corporation responsible for the management and administration of a
USDA program.
b
Beneficiary - A person or group of persons with an entitlement to
receive or enjoy the benefits, services, resources, and information, or to
participate in the activities and programs funded in whole or part by the
USDA.'
c
Complainant - Any person or group of persons who files with
USDA a written complaint that alleges discrimination in a program or
activity funded in whole or in part by USDA.
d
Complaint - A written allegation that discrimination has occurred
or is occurring in a program or activity funded by USDA or that the
recipient of USDA financial assistance is otherwise not in compliance
with Federal civil rights requirements.

4

DR 4330-002

March 3, 1999

e
Compliance Review - A systematically planned and regularly
initiated investigation that assesses and evaluates the civil rights and equal
opportunity policies, procedures, and practices of an organization or its
instrumentality, funded in whole or part by USDA to determine
compliance with applicable civil rights statutes, regulations, standards, and
policies.
f
Federal Financial Assistance - Includes but is not limited to money
paid; rental or use of Federal property at below-market value; gift of
Federal property; asset forfeiture funds; Federal training; loan of Federal
personnel, subsidies and other arrangements with the intent of providing
assistance. Federal financial assistance does not include contract or
guarantee or insurance, regulated programs, licenses, procurement
contracts at market value, or programs that provide direct benefits.
g
Discrimination - Different treatment or denial of benefits, services,
rights or privileges to a person or persons because of their race, color,
religion, gender, age, national origin, marital status, familial status, or
disability and, where appropriate, income status or political beliefs, by or
in conjunction with any program or activity ftinded by USDA.
h
Letter of Finding - A written notice to the recipient and signed by
the Director, USDA Office of Civil Rights (CR), that officially advises
of the findings of a complaint or compliance review investigation and,
where appropriate, identifies the actions the recipient must take to correct
a violation or otherwise secure compliance with one or more Federal civil
rights requirements.
i
Legal Sufficiency Review (LSR) - A review of the findings and
recommendations resulting from a civil rights complaint or compliance
review investigation for the sole purpose of ensuring:
(1)

The accuracy of the document's legal citations;

(2)

The appropriate translation of allegations to issues;

(3)
The delineation of jurisdiction and authority of
USDA;
(4)
That all issues are resolved based on a
preponderance of the evidence;
(5)
That the facts and evidence establishing issue
resolution are material, relevant, and reliable;

5

DR 4330-002

March 3, 1999

(6)
That the findings of fact and conclusions of law
reflect and are consistent with the appropriate legal theories
and standards; and
(7)
That recommended disposition in fact resolves and
disposes of all issues and matters.
j
Post-Award Recipient Review - A review that extends to all
organizational components of a recipient organization or entity.
k
Program Review (PR) - A compliance review investigation that is
limited to a particular recipient program or organizational subcomponent.
l
Recipient - Any State, political subdivision of any State, or
instrumentality of any State or political subdivision (to include the District
of Columbia and any U.S. territories and possessions), any public or
private agency, institution, organization or any of their instrumentalities,
or any individual (provided the individual is not the ultimate beneficiary)
in any State, to whom Federal financial assistance is extended, directly or
through another recipient, for any program or activity, including any
successor, assignee, or transferee thereof. In Voluntary
Resolution/Settlements - The resolution of a complaint or compliance
review issue for which a finding of noncompliance most likely would have
resulted, had the agency not voluntarily effected corrective or remedial
action before CR's official determination.
7 ROLES AND RESPONSEBILECIES
a
Secretary of Agriculture sets the tone and direction, provides
leadership, prescribes regulations, sets overall civil rights policy, and
ensures civil rights compliance and enforcement throughout the
Department. The Secretary further ensures the availability of resources
adequate to support and carry out a broad range of civil rights compliance
and enforcement activities throughout the Department. The Secretary
accomplishes his responsibilities directly and through the broad delegation
of authority for civil rights to the Assistant Secretary for Administration
and other USDA agencies, officers, and employees.
b
Assistant SecretM for Administration (ASA) - The civil rights
officer for USDA who is responsible for the oversight of all civil rights
functions within USDA.
c
Director, Office of Civil Rights (CR) is responsible for planning,
managing, directing, and coordinating the day-to-day management and
administration of the full range of the Department's civil rights compliance
and enforcement functions, responsibilities, and obligations, including:

6

DR 4330-002

March 3, 1999

(1)
Providing overall leadership, coordination, and
direction for USDA civil rights compliance and
enforcement;
(2)
The investigation, adjudication, and resolution of
complaints, including the full authority and sole
responsibility for determining whether discrimination has
occurred in programs and activities receiving Federal
financial assistance from USDA, and the authority to
require appropriate remedies;
(3)
Reviewing and evaluating recipients'
accomplishment of their civil rights responsibilities through
compliance reviews and other appropriate methods;
(4)
Issuing policies, directives, procedures, rules, and
regulations as necessary to ensure that the Department fully
achieves its civil rights compliance and enforcement
obligations;
(5)
Recommending enforcement actions as appropriate
and where necessary to secure recipient compliance with
applicable civil rights laws;
(6)
Ensuring through training, dissemination of
information, technical assistance, and other appropriate
methods that recipients are apprised of their civil rights
compliance and enforcement responsibilities;
(7)
Ensuring that recipients and their. instrumentalities
actively support and adhere to the civil rights policies,
directives, findings, and decisions rendered by the Office of
Civil Rights;
(8)
As appropriate and necessary, recommending to the
U.S. Department of Justice (DOJ) enforcement actions to
secure compliance with Federal civil rights requirements;
(9)
Systematically reviewing, evaluating, and holding
to a high accountability standard the civil rights
performance of agency heads and administrators;
(10) Providing leadership, proactively promoting civil
rights, and providing guidance and oversight to ensure civil
rights compliance by recipients and their instrumentalities;

7

DR 4330-002

March 3, 1999

(11) Developing and implementing a comprehensive
civil rights strategic plan that encompasses the full scope of
the Department's civil rights obligations, and supplemented
by an annual operating plan for strategy accomplishment,
and disseminating the plan throughout the Department; and
(12) Serving as a clearinghouse for information
dissemination and exchange with USDA agencies,
recipients, the government and nongovernment civil rights
communities.
d
Age - Any, bureau, agency, office, administration, instrumentality
of or corporation within USDA to which legal authority~ and
responsibility have been delegated or assigned to manage, administer, or
supervise any USDA program or activity, or any officer or employee of
the Department to whom the Secretary delegates the power and authority
to carry out any of the functions or responsibilities of an agency under this
regulation. An Agency will:
(1)
Establish and maintain an effective, proactive civil
rights compliance and enforcement program in accordance
with the policies, guidelines, and directives promulgated by
CR;
(2) Provide adequate and appropriately trained and
qualified staff and other resources as necessary to ensure
efficient and effective accomplishment of the Department's
civil rights obligations;
(3)
Timely collect and make available all data and
information as necessary
and requested by CR to
enable an efficient and effective evaluation of the
Department's civil rights compliance and enforcement
programs and activities;
(4)
Cooperate with and provide assistance as necessary
and requested by CR in the investigation of any complaints
and compliance reviews, including ensuring access to
information and the resolution of any issues of
noncompliance; and
(5)
Ensure that any of its recipients for which CR has
made a noncompliance finding timely and effectively
implements any corrective action plans determined
necessary to secure compliance with a Federal civil rights
requirement.

8

DR 4330-002

March 3, 1999

e
Office of the General Counsel (OGC) - In-house counsel for the
USDA. OGC will:
(1)
Provide legal expertise, advice, and support as
requested by CR to ensure the accomplishment of the
Department's civil rights compliance and enforcement
obligations.
(2)
Conduct legal sufficiency reviews for all letters of
findings resulting from complaint investigations.
(3)
Upon request of the CR Director, review settlement
agreements and provide legal advice relating to the award
of compensatory damages and attorney fees, and other legal
issues involved in the complaint investigation and
compliance review process.
8

COMPLIANCE
a
All USDA agencies will be responsible for ensuring that their
recipients are in compliance with. all applicable policies of
nondiscrimination in programs and activities receiving Federal financial
assistance.
b
All agencies shall continually monitor their recipients to ensure
such compliance
and shall establish procedures and systems as a
method of ensuring such compliance.
c
Agencies will ensure that all recipients have submitted to USDA a
signed statement of assurance that all programs and activities will be
conducted in compliance with all applicable Federal civil rights laws,
rules, regulations, and policies.
d Compliance review investigation s will be routinely scheduled by CR as
part of its regular, systematic program of monitoring and evaluating
whether, and the extent to which, recipients meet their Federal civil rights
obligations.
e
As an integral element of its civil rights enforcement
responsibility, CR routinely will maintain a regular, systematic program
that includes:
(1)
technical guidance and assistance to agencies with
the aim of resolving civil rights problems and issues
associated with recipient programs and activities, and

9

DR 4330-002

March 3, 1999

(2)
monitoring and evaluations of whether and the
extent to which agencies meet their obligations to ensure
that recipients administer their programs and activities
pursuant to applicable civil rights requirements.
f
In conducting compliance review investigations of USDA-funded
programs and activities, CR will be guided by the legal standards, policies,
and requirements that have been established in Federal statutes,
regulations, Executive Orders, policies, and case law decisions related to
discrimination based on race, color, national origin, gender, religion, age,
disability, political beliefs, or marital or familial status, or income status,
as applicable to recipients of Federal financial assistance and federally
assisted programs and activities.
9 COMPLIANCE REVIEWS
a Distribution of Responsibilities
(1)
The CR, with the assistance of the USDA agencies,
will be responsible for conducting compliance review
investigations of all USDA recipients. The CR will exercise
its discretion about whether the investigation will extend to
all recipient programs or merely to one or more of a
recipient's programs and activities, or whether the
compliance review investigations will incorporate the
investigation of complaints of alleged unlawful
discrimination in a recipient's programs and activities.
(2)
As determined by the CR Director, CR will decide
whether to conduct a compliance review of a recipient
based on consideration of
(a) data and information cited in one or more
complaints or other reliable information
sources;
(b)
the receipt of a significant number of
complaints that raise the same or similar
issue(s) relating to a particular recipient
program or activity, or the receipt of one or
more complaints that involve politically
sensitive matters or have generated
significant media interest;
(c)
CR;

10

research initiated and conducted by

DR 4330-002

March 3, 1999

(d)
other legitimate factors and
information.
b

Voluntary Compliance and Conciliation

USDA agencies are strongly encouraged to engage in voluntary
compliance where appropriate, at any stage of the compliance review
process, and will provide technical assistance to facilitate a voluntary
resolution of any noncompliance issues.
c

Timefranies
(1)

Unless otherwise stated, all days are calendar days.

(2)
CR will complete a compliance review investigation
within 180 days following the receipt of information from
the recipient subject to review.
(3)
CR will issue a notice to the recipient subject to
review not less than 60 days prior to the date that the
compliance review activities will commence. The notice
will advise the recipient of the date on which the
compliance review will commence, the data and
information necessary to an efficient and effective
compliance review, and the date on which the data and
information are to be received by CR. The notice to the
recipient will be sent concurrently to the appropriate USDA
agency(ies).
(4)
CR will notify the recipient and the Agency in
writing of the findings of the compliance review within 30
days following the completion of the compliance review
investigation. The letter of finding shall identify:
(a)
each issue investigated during the
review;
(b)
the facts and evidence collected and
analyzed in relation to each issue;
(c) the findings of fact and conclusions of
laws as related to each issue, including
whether or not the agency is in compliance
relative to the issue(s); and

11

DR 4330-002

March 3, 1999

(d) any actions the agency must take to
remedy any findings of noncompliance as
related to the issues.
(5)
Within 30 days following receipt of the compliance
review investigation letter of findings, the recipient will be
required to provide notice to CR of the actions it will
undertake to remedy any findings of noncompliance.
d Findings of Noncompliance
(1)
When CR issues a noncompliance letter of findings
(final USDA decision) following a compliance review
investigation, CR will monitor the recipient until
compliance has been achieved. When all corrective actions
are completed, the review will be closed.
(2)
If CR concludes, or the recipient presents adequate
documentation that a violation noted during the review was
corrected prior to review completion, the compliance
review report and the letter of findings must state that a
violation existed at the time of the review, but that it was
voluntarily corrected by the recipient.
(3)
When CR issues a letter of finding, CR shall send a
copy of the letter to the head of the recipient organization,
the Agency head, OGC, the appropriate Under or Assistant
Secretary, the Assistant Secretary for Administration, and
the Deputy Secretary. To the extent that the compliance
review was initiated in response to complaints, and to the
extent appropriate and lawful, CR will notify the
complainant of the findings of the compliance review and
of the actions taken or being taken to remedy the
discrimination.
e Monitoring and Oversight
(1)
When CR issues a noncompliance letter of findings
(final USDA decision), the letter will cite the actions the
recipient must take to achieve compliance. The CR will
monitor and evaluate a recipient's efforts to remedy a
violation to ensure compliance consistent with applicable
civil rights requirements.
(2)
When the recipient completes its program of
corrective actions, CR will notify the head of the recipient

12

DR 4330-002

March 3, 1999

organization, the Agency head, OGC, the appropriate
Under or Assistant Secretary, the Assistant Secretary for
Administration, and the Deputy Secretary, following which
the review will be closed.
f Enforcement of Compliance Requirements
(1)
When a recipient refuses to provide CR with data
and information necessary to a determination of the
recipient's compliance status, CR will notify DOJ of the
recipient's decision and request action to secure court
enforcement of the recipient's obligation to provide access
to information necessary to a determination of the
recipient's compliance status.
(2)
When a recipient refuses to undertake corrective
actions set forth in a letter of finding, CR will notify DOJ
of the recipient's decision and request an enforcement
proceeding to secure a court order to require either the
recipient's compliance or authority to terminate all USDA
financial assistance to the recipient.
10 COMPLAINT PROCESSING
a

Complainant's Right To File
(1)
Any person who believes he or she or any specific.
class of individuals has been subject to discrimination by a
recipient or believes that the recipient is otherwise in
noncompliance with the provisions of an applicable civil
rights requirement may file a complaint with the Office of
Civil Rights, U.S. Department of Agriculture.
(2)
If a complaint alleging discrimination or
noncompliance is submitted to or filed with any agency
within USDA other than the CR, the receiving
agency
will refer the complaint to CR within 5 calendar days of the
date the complaint was received.

b Acknowledgment of Complaint
(1) CR will acknowledge receipt of the complaint in
writing within 15
calendar days of receipt. The
acknowledgment letter will, at a minimum, include: the
date the complaint was received, the case number assigned,
a statement that the complaint is under review to determine

13

DR 4330-002

March 3, 1999

CR jurisdiction, any other information that may be
specifically required by the appropriate statute, notice that
the complainant should consult an attorney regarding other
legal rights he or she may have against the recipient that are
unaffected by the filing of the complaint, and a contact
name and number.

(2)
Where CR determines that a complaint is
incomplete, the acknowledgment letter also shall advise the
complainant of the information needed to complete the
complaint and that the information must be submitted
within 15 days of the date of receipt of the
acknowledgment letter.
(3)
If a complainant does not respond to requests for
information necessary to complete his or her complaint, the
Director of CR may make an additional request, extending
the timeframe for submitting the information, or may
administratively close the complaint.
c Notice to Recipient and Agency
CR will notify the recipient and appropriate USDA Agency within 15
calendar days of receipt of a complaint alleging discrimination or
noncompliance. The notice will:
(1)
contain a general statement of the alleged
discriminatory act(s) or noncompliance activities;
(2) advise of the Department's authority to pursue a
resolution of the complaint;
(3) include other information that may be necessary to
facilitate complaint resolution; and
(4) refrain from identifying or naming the complainant
except when CR has received written authorization to do so
from the complainant.
d Intake
(1) CR will review each complaint to determine whether it
is complete, timely filed, within USDA jurisdiction,
subject to the authorities enforced by USDA, and to

14

DR 4330-002

March 3, 1999

determine whether the complaint must be resolved based on
an investigation or is appropriate for early resolution or
pre-investigation
settlement.
(2) CR will make an appropriate referral of any complaints
that are not within its jurisdiction or which are subject to
concurrent jurisdictions with another Federal, State or local
agency. The complainant will be notified of the referral in
writing.
e Timeliness
(1) All complaints, to be timely, must be filed within 180
days of the last discriminatory act alleged.
(2) CR retains the authority to waive the timeliness
requirement when it believes that good cause is shown.
f Investigation
(1)
All investigations will be an impartial process
limited to the facts and evidence pertinent and relevant to a
factual determination of whether the complainant was
subjected to discrimination in violation of Federal civil
rights statues or the recipient otherwise was in
noncompliance with a, Federal civil rights requirement.
(2)
The facts, evidence, and findings of the
investigation must result in a record that will withstand
legal scrutiny.
(3)
In conducting complaint investigations of programs
and activities receiving Federal financial assistance from
USDA, CR will be guided by the legal standards, policies,
and requirements that have been established in Federal
statutes, regulations, Executive Orders, policies, and case
law decisions related to discrimination based on race, color,
national origin, gender, religion, age, disability, political
beliefs, marital or familial status, or income status, and
made applicable to recipients of Federal financial
assistance and federally assisted programs and activities.
(4)
CR will complete a complaint investigation within
180 days following complaint acceptance.
g Adjudication

15

DR 4330-002

March 3, 1999

(1)
Upon completion of the investigation, CR will
review, evaluate, and analyze the facts and evidence, and
apply the appropriate standards and legal theories to ensure
findings and conclusions consistent with the applicable
statutory and regulatory requirements and case law.
(2) The findings of the adjudication process will be set
forth in a recommended letter of finding for acceptance or
rejection by the Director of the Office of Civil Rights.
h Letter of Finding
(1) The letter of finding must cite:
(a) each issue investigated,
(b) the applicable authority,
(c) a summary of the facts and evidence
collected during the complaint investigation
process,
(d) a statement of the findings of fact and
conclusions of law for each issue, and
(e) a definitive statement as to whether the
recipient is or is not in compliance with
respect to the specific issues.
(2)
The letter of finding may recommend no violation; a violation finding accompanied by a further
recommendation of specific remedial action (including
damages); or a recommendation for a negotiated settlement.
(3)
If the recommendation for settlement is accepted,
the CR Director will have 30 working days in which to
negotiate with the recipient. If the recipient concurs and a
settlement agreement is reached, CR will notify the
complainant and appropriate USDA agency advising of the
final USDA decision and settlement agreement.
(4)
The complainant may disagree with the settlement
agreement and make a counteroffer within 15 days after
receipt of the notice of the settlement proposal.

16

DR 4330-002

March 3, 1999

(5)
If the complainant rejects terms of the compliance
agreement or the CR Director rejects the complainant's
counteroffer, the CR Director may go forward with the
compliance agreement, direct that the case be closed, and
notify the complainant of his/her right to pursue redress
through other legal avenues.
(6)
If the recipient declines the terms of the compliance
agreement, CR will notify the recipient that CR finds the
recipient in noncompliance and require the submission of a
corrective action plan within 30 days of the letter of
findings.
i Monitoring and Oversight
(1)
When CR issues a non compliance letter of
findings, CR will monitor the recipient until compliance
has been achieved. When corrective actions are completed,
the complaint will be closed.
(2)
If CR concludes, or the recipient presents adequate
documentation that the noncompliance has been corrected
prior to or during the complaint investigation, the CR will
issue a closure letter. The closure letter must state that a
violation existed at the time the investigation commenced
but that it was corrected prior to the investigation
completion and, as a consequence, the agency is now in
compliance based on its voluntary corrective action.
(3)
When a recipient refuses to provide CR with data
and information necessary to a determination of the
recipient's compliance status following CR's receipt of a
complaint, CR will notify the U.S. Department of Justice
(DOJ) of the recipient's decision and request action to
secure court enforcement of the recipient's obligation to
provide access to information necessary to a determination
of the recipient's compliance status.
(4)
When a recipient refuses to undertake corrective
actions set forth in a letter of finding, CR will notify DOJ
of the recipient's decision and request enforcement
proceeding to secure a court order to require either the
recipient's compliance or authority to terminate all USDA
financial assistance to the recipient.
11 INSTRUCTIONAL MANUALS

17

DR 4330-002

March 3, 1999

CR will prepare and disseminate within CR and to agency civil rights
organizations manuals, bulletins, and another instructional documents as
necessary to implement the provisions of this Departmental Regulation.

18


File Typeapplication/pdf
File TitleActivities Receiving USDA Financial Assistance
AuthorUSDA
File Modified2001-09-20
File Created2001-09-20

© 2024 OMB.report | Privacy Policy