Section 1500-01-03-.05 - COMPLIANCE(1) Cooperation and assistance. Each responsible State official shall, to the fullest extent practicable, seek the cooperation of its departmental/agency staff, subrecipients and contractors in obtaining compliance with this regulation and shall provide assistance and guidance to subrecipients and contractors to help them comply voluntarily with this regulation.(2) Compliance reports(a) Each recipient and subrecipient shall keep such records and submit to the Commission timely, complete, and accurate compliance reports at such times, and in such form and containing such information, as the Commission may determine to be necessary to ascertain whether the recipient and its subrecipients have complied or is complying with this regulation. In general, recipients and subrecipients should have available for the Commission racial and ethnic data showing the extent to which members of minority groups are beneficiaries of federally assisted programs. In the case of any program under which a primary recipient extends Federal financial assistance to any other recipient or contracts with any other person or group, such other recipient or contractor shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this regulation.(b) Records and information which may be deemed as part of an agency's compliance report shall be included in the implementation plan that is submitted annually as set forth in these regulations. In addition, the Commission may request that any state department or agency submit a separate compliance report with reasonable notice of at least thirty (30) days when seeking additional information related to any investigation, audit or other periodic assessment conducted by the Commission.(3) Access to sources of information. Each recipient and subrecipient shall permit access by the Commission during normal business hours to such of its books, records, accounts, and other sources of information, and its facilities, as may be pertinent to ascertain compliance with this regulation. Whenever any information required of a recipient is in the exclusive possession of any other agency, institution, or person and that agency, institution, or person fails or refuses to furnish that information, the recipient shall so certify in its report and set forth the efforts which it has made to obtain the information. Asserted considerations of privacy or confidentiality may not operate to bar the Commission from evaluating or seeking to verify compliance with this regulation. Information of a confidential nature obtained in connection with compliance evaluation or verification shall not be disclosed except where necessary in formal enforcement proceedings or where otherwise required by law.(4) Information to beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this regulation and its applicability to the program under which the recipient receives Federal financial assistance, and make such information available to them in such manner as the Commission finds necessary to apprise such persons of the protections against discrimination assured them by Title VI of the Civil Rights Act of 1964, T.C.A. § 4-21-904 and this regulation.Tenn. Comp. R. & Regs. 1500-01-03-.05
Original rule filed November 15, 2010; effective February 13, 2011.Authority: T.C.A. §§ 4-21-202, 4-21-203 and 28 CFR Part 42, Subpart C.