10 CFR 4.231, Responsibility of Applicants and Recipients

Enforcement Responsibility of applicants and recipients

a

(a) Assurances. An applicant for Federal financial assistance to which this subpart applies shall submit an assurance, on a form specified by the responsible NRC official, that the program or activity will be operated in compliance with the subpart. An applicant may incorporate these assurances by reference in subsequent applications to the NRC.

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(b) Duration of obligation. The assurance will obligate the recipient for the period during which Federal financial assistance is extended.

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(c) Remedial action. (1) If the responsible NRC official finds that a recipient has discriminated against persons on the basis of disability in violation of section 504 or this subpart, the recipient shall take such remedial action as the responsible NRC official deems necessary to overcome the effect of the discrimination.

(2) Where a recipient is found to have discriminated against persons on the basis of disability in violation of section 504 or this subpart and where another recipient exercises control over the recipient that has discriminated, the responsible NRC official, where appropriate, may require either or both recipients to take remedial action.

(3) The responsible NRC official may, where necessary to overcome the effects of discrimination in violation of section 504 or this subpart, require a recipient to take remedial action: (i) With respect to disabled persons who are no longer participants in the recipient's program or activity but who were participants in the program when such discrimination occurred or (ii) with respect to disabled persons who would have been participants in the program or activity had the discrimination not occurred.

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(d) Voluntary action. A recipient may take steps, in addition to any action that is required by this subpart, to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity by qualified disabled persons.

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(e) Self-evaluation. (1) A recipient shall as soon as practicable:

(i) Evaluate, with the assistance of interested persons, including disabled persons or organizations representing disabled persons, its current policies and practices and the effects thereof that do not or may not meet the requirements of this subpart;

(ii) Modify, after consultation with interested persons, including disabled persons or organizations representing disabled persons, any policies and practices that do not meet the requirements of this subpart; and

(iii) Take, after consultation with interested persons, including disabled persons or organizations representing disabled persons, appropriate remedial steps to eliminate the effects of any discrimination that resulted from adherence to those policies and practices.

(2) A recipient shall, for at least three years following completion of the evaluation required under paragraph (e)(1) of this section, maintain on file, make available for public inspection, and provide to the responsible NRC official upon request: (i) A list of the interested persons consulted, (ii) a description of areas examined and any problems identified, and (iii) a description of any modifications made and of any remedial steps taken.

f

(f) Designation of responsible employee. A recipient shall designate at least one person to coordinate its efforts to comply with this subpart.

Federal Register

77 FR 39904, Jul. 6, 2012]

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NRC website 10 CFR 4.231

v t e Code of Federal Regulations
Title 10 Part 4 - NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, General Provisions, Purpose and scope 2, Subparts 3, Application of this part 4, Definitions 5, Communications and reports 6, Maintenance of records 8, Information collection requirements: OMB approval 11, —Regulations Implementing Title VI of the Civil Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974, General prohibition 12, Specific discriminatory actions prohibited 13, Employment practices 14, Medical emergencies 21, Assurances Required, General requirements 22, Continuing Federal financial assistance 24, Assurances from institutions 31, Compliance Information, Cooperation and assistance 32, Compliance reports 33, Access to sources of information 34, Information to beneficiaries and participants 41, Conduct of Investigations, Periodic compliance reviews 42, Complaints 43, Investigations 44, Resolution of matters 45, Intimidatory or retaliatory acts prohibited 46, Means of Effecting Compliance, Means available 47, Noncompliance with § 4.21 48, Termination of or refusal to grant or to continue Federal financial assistance 49, Other means authorized by law 51, Opportunity for Hearing, Notice of opportunity for hearing 61, Hearings and Findings, Presiding officer 62, Right to counsel 63, Procedures, evidence, and record 64, Consolidated or joint hearings 71, Decisions and Notices, Initial decision or certification 72, Exceptions and final decision 73, Rulings required 74, Content of orders 75, Post termination proceedings 81, Judicial Review, Judicial review 91, Effect on Other Regulations; Forms and Instructions, Effect on other regulations 92, Forms and instructions 93, Supervision and coordination 101, Regulations Implementing Section 504 of the Rehabilitation Act of 1973, as Amended, Definitions 121, Discriminatory Practices, General prohibitions against discrimination 122, General prohibitions against employment discrimination 123, Reasonable accommodation 124, Employment criteria 125, Preemployment inquiries 126, General requirement concerning accessibility 127, Existing facilities 128, New construction 231, Enforcement, Responsibility of applicants and recipients 232, Notice 233, Enforcement procedures 301, Regulations Implementing the Age Discrimination Act of 1975, as Amended, General, Purpose and scope 302, Application of this subpart 303, Definitions 311, Standards for Determining Age Discrimination, Rules against age discrimination 312, Definitions of "normal operation" and "statutory objective" 313, Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity 314, Exceptions to the rule against age discrimination. Reasonable factors other than age 315, Burden of proof 321, Duties of NRC Recipients, Assurance of compliance 322, Written notice, technical assistance, and educational materials 324, Information requirements 331, Investigation, Conciliation, and Enforcement Procedures, Compliance reviews 332, Complaints 333, Mediation 334, Investigation 335, Prohibition against intimidation or retaliation 336, Compliance procedure 337, Hearings, decisions, post-termination proceedings 338, Remedial and affirmative action by recipients 339, Alternate funds disbursal procedure 340, Exhaustion of administrative remedies 341, Reports 501, Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the U.S. Nuclear Regulatory Commission, Purpose 502, Application 503, Definitions 504, 4.504--4.509 Reserved 510, Self-evaluation 511, Notice 512, 4.512--4.529 Reserved 530, General prohibitions against discrimination 531, 4.531--4.539 Reserved 540, Employment 541, 4.541--4.548 Reserved 549, Program accessibility: Discrimination prohibited 550, Program accessibility: Existing facilities 551, Program accessibility: New construction and alterations 552, 4.552--4.559 Reserved 560, Communications 561, 4.561--4.569 Reserved 570, Compliance procedures Appendices: 10 CFR 4 Appendix A, Appendix a to Part 4--Federal Financial Assistance to Which This Part Applies

10 CFR 4.231, Responsibility of Applicants and Recipients

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10 CFR 4.231, Responsibility of Applicants and Recipients

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b

c

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e

f

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