ML20039A576
| ML20039A576 | |
| Person / Time | |
|---|---|
| Issue date: | 12/15/1981 |
| From: | Ragan H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Lyon G HEALTH & HUMAN SERVICES, DEPT. OF |
| Shared Package | |
| ML20039A574 | List: |
| References | |
| FRN-46FR46582, RULE-PR-4 46FR46582, NUDOCS 8112180409 | |
| Download: ML20039A576 (1) | |
Text
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'81 DEC 17 A10:27 Mr. George Lyon, Branch Chief r
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rots &c,'rict Legal Research Standard a'nd Opinions
'M NCH Office of General Counsel
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Civil Rights Division Department of Health and Human Services 330 Independence Avenue, SW
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Washington, D.C.
20201
Dear Mr. Lyon:
By letter dated November 23,1981, 'this agency trinsmitted for your review the final' unpublished rule amending NRC's regulations to implement the provisions of the Age Discrimination Act of 1975, as amended.
Enclosed is a copy of coranents dated November 20, 1981, received in this
. agency on December 2,1981, from Chairman Claude Pepper regarding NRC's proposed regulations.
Also enclosed is a copy of our reply..
Sincerely.
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_ Hudson B. Ragan, Acting Director and Chief Counsel Operations and Administration Division Office of the Executive Legal Director
Enclosures:
as stated
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Dear Mr. Ahearne:
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I want to congratulate you and your agency for proposing regulations
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implementing the Age Discrimination Act of 1975. Congress designed the
- E'f. CO '?"7.'.'d" Act to prohibit age discrimination in federally funded programs. Your proposed regulations are an essential step toward eliminating age discrimination in federally funded programs.
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While I find your proposal quite good, I belicyc one area needs
- 7,,';,T,*', r ;a revision.
Your proposal requires complainants to state when they first knew of the discrimination. This should not be a required element of the n"",A "'~~^~-.-
complaint.
Rather, it should be an element of the affirmative defense offered by the person or organization charged with discrimination.
Requiring the complainant to plead the statute of limitations may result in
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the dismissal of many cases before a hearing on the merits.. Requiring the u,mm m. o nr oc"*ra
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organization or person charged to plead the statute of limitations, however,
%",* tid"';a requires the person or organization to respond to the allegations, and,if the
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person or organization chooses to waive the defense, allows for a
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consideration of the complaint on the merits.
Changing this provision CC"'Z: -a.
therefore should result in more effective enforcement of the Act by
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bringing at least a few more cases to a consiperation on the merits.
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With this reservation in mind I again congratulate your agency for f.'".2 0c*.~.'." "'
proposing enforcement regulations. Such a proposal, however, is only a TJ7 *J,T'a'7.'
first step. Unless your agency rigorously enforces these regulations the L7J.Tc".t....,.
Act will be an empty promise. I therefore urge you to rigorously enforce these regulations so that Congress' desire to rid these programs of age discrimination may be fulfilled.
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.m With kindest regards, Very sincer y,
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$g Claude Peppr Chairman Mr. John F. Ahearne Chairman s
Nuclear Regulatory Commission Washington, DC 20555.
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