Section 1500-01-03-.06 - CONDUCT OF INVESTIGATIONS(1) Complaints (a) Complainants alleging discrimination based on race, color or national origin by a recipient may file a written verified complaint with the Commission. Complaints may also be filed with the Commission if the recipient is unknown or the recipient program or activity is associated with joint federal funding.(b) Complaints must be filed within one hundred eighty (180) days after the alleged discriminatory practice occurs.(2) Investigations(a) The Commission will make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with these regulations. The investigation should include, whenever appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with these regulations occurred, and other factors relevant to a determination as to whether the recipient has failed to comply.(b) The Commission may investigate allegations of noncompliance with Title VI made against any recipient (e.g. a department or agency) or its subrecipient(s); however, the Commission reserves the right to refer any complaint to the appropriate recipient for investigation and resolution. 1. The responsible State official or responsible Official shall report the commencement of an investigation to the Commission within ten (10) days.2. The State official or responsible Official shall submit a summary of its investigation to the Commission prior to notifying the complainant.3. The Commission shall not investigate a complaint that is filed as a lawsuit in a court of law or as an administrative complaint with another state or federal department or agency.4. If a complainant is dissatisfied with any recipient's finding following such investigation, the complainant may file with the federal agency that provides the funding.(3) Resolution of matters (a) If an investigation pursuant to paragraph (2) of this section indicates a failure to comply, the Commission will so inform the department or agency and the matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in paragraph (4) of this section.(b) If an investigation does not warrant action pursuant to paragraph (3)(a) of this section, the Commission will so inform the department or agency and the complainant, if any, in writing.(c) Intimidation or retaliatory acts prohibited1. No recipient, subrecipient or other related entity or person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by section 601 of Title VI of the Civil Rights Act of 1964, T.C.A. § 4-21-904 or this regulation, or because an individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this regulation.2. The identity of a complainant shall be kept confidential except to the extent necessary to carry out the purpose of this regulation, including the conduct of any investigation arising thereunder.(4) Procedure for effecting compliance (a) If there appears to be a failure or threatened failure for any recipient to comply with these regulations and if the noncompliance or threatened noncompliance cannot be corrected by informal means in conjunction with the responsible State official and responsible Official, the Commission shall report its findings and recommendations to the governor and to each member of the general assembly.(b) If there appears to be a failure or threatened failure for any subrecipient to comply with these regulations and if the noncompliance or threatened noncompliance cannot be corrected by informal means, the responsible State official may suspend or terminate, or refuse to grant or continue Federal financial assistance, or use any other means authorized by law, to induce compliance by the subrecipient with this regulation. Such other means include any applicable proceeding under state or local law.(c) Noncompliance with assurance requirement. If an applicant or recipient fails or refuses to furnish an assurance required under Rule 1500-01-03-.04, or fails or refuses to comply with the provisions of the assurance it has furnished, or otherwise fails or refuses to comply with any requirement imposed by or pursuant to Title VI or this regulation, Federal financial assistance may be suspended, terminated, or refused in accordance with the procedures of this regulation.Tenn. Comp. R. & Regs. 1500-01-03-.06
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.