10 CFR 4.333, Mediation

Mediation

a

(a) Referral of complaints for mediation. NRC will refer to a mediation agency designated by the Secretary of the Department of Health and Human Services all complaints that--

(1) Fall within the jurisdiction of the Act and these regulations; and

(2) Contain all information necessary for further processing.

b

(b) Both the complainant and the recipient shall participate in the mediation process to the extent necessary to reach an agreement or make an informed judgment that an agreement is not possible. There must be at least one meeting with the mediator before NRC will accept a judgment that an agreement is not possible. However, the recipient and the complainant need not meet with the mediator at the same time.

c

(c) If the complainant and the recipient reach an agreement, the mediator shall prepare a written statement of the agreement and have the complainant and recipient sign it. The mediator shall send a copy of the agreement to NRC. NRC will take no further action on the complaint unless the complainant or recipient fails to comply with the agreement.

d

(d) The mediator shall protect the confidentiality of all information obtained in the course of the mediation process. No mediator shall testify in any adjudicative proceeding, produce any document, or otherwise disclose any information obtained in the course of the mediation process without prior approval of the head of the agency appointing the mediator.

e

(e) NRC will use the mediation process for a maximum of 60 days after receiving a complaint. Mediation ends if--

(1) From the time NRC receives the complaint 60 days elapse; or

(2) Prior to the end of that 60-day period, the mediator determines an agreement is reached; or

(3) Prior to the end of that 60-day period, the mediator determines that an agreement cannot be reached.

f

(f) The mediator shall return unresolved complaints to NRC.

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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 4.333, Mediation

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10 CFR 4.333, Mediation

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