forked from nm3clol/nm3clol-public
246 lines
13 KiB
Markdown
246 lines
13 KiB
Markdown
---
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type: document
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title: DISCRIMINATION-COMPLAINT-PROCEDURES
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file: ../DISCRIMINATION-COMPLAINT-PROCEDURES.pdf
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tags:
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- Cumberland_Plateau_Planning_District_Commission
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docDate: null
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contentType: application/pdf
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contentLength: 19613
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sha256sum: 5930642c175f1af68b6f765bc661d78b0eb3e98114332c7c8f9e716abd9cb488
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sha1sum: 89a40206d1baacf4f4d50feff5b1d9a4afc24690
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---
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Cumberland Plateau Planning District Commission
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DISCRIMINATION COMPLAINT PROCEDURES – HANDLING, TRACKING, RESOLVING, AND
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REPORTING INVESTIGATIONS/COMPLAINTS
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Any individual may exercise his or her right to file a complaint with the Cumberland Plateau Planning
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District Commission if that person believes that s/he or any other program beneficiaries have been
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subjected to unequal treatment or discrimination in the receipt of benefits/services or prohibited by non-
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discrimination requirements. The Cumberland Plateau Planning District Commission will make a
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concerted effort to resolve complaints locally, using the agency’s Nondiscrimination Complaint
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Procedures, as described below. All Title VI complaints and their resolution will be logged as described
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under “Data collection” and reported immediately. Should any Title VI investigations be initiated by FTA,
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or any Title VI lawsuits be filed against the Cumberland Plateau Planning District Commission, the
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agency will follow these procedures:
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These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964 as amended,
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and the Civil Rights Restoration Act of 1987, relating to any program or activity administered by the
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Cumberland Plateau Planning District Commission, as well as to subrecipients, consultants, and/or
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contractors. Intimidation or retaliation of any kind is prohibited by law. These procedures do not deny the
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right of the complainant to file formal complaints with other state or federal agencies, or to seek private
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counsel for complaints alleging discrimination. These procedures are part of an administrative process
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that does not provide for remedies that include punitive damages or compensatory remuneration for the
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complainant. Every effort will be made to obtain early resolution of complaints at the lowest level possible.
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The option of informal mediation meeting(s) between the affected parties and the Title VI Compliance
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Officer may be utilized for resolution. The Title VI Compliance Officer will make every effort to pursue a
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resolution to the complaint. Initial interviews with the complainant and the respondent will request
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information regarding specifically requested relief and settlement opportunities.
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Procedures
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1. Any individual, group of individuals, or entity that believes they have been subjected to discrimination
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prohibited by Title VI nondiscrimination provisions may file a written complaint with the Cumberland
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Plateau Planning District Commission's Title VI Program Compliance Officer. A formal complaint must
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be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination
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became known to the complainant. The complaint must meet the following requirements:
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a. Complaint shall be in writing and signed by the complainant(s).
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b. Include the date of the alleged act of discrimination (date when the complainant(s)
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became aware of the alleged discrimination; or the date on which that conduct was
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discontinued or the latest instance of the conduct).
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c. Present a detailed description of the issues, including names and job titles of those
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individuals perceived as parties in the complained-of incident.
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d. Allegations received by fax or e-mail will be acknowledged and processed, once the
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identity(ies) of the complainant(s) and the intent to proceed with the complaint have
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been established. The complainant is required to mail a signed, original copy of the
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fax or e-mail transmittal for the Cumberland Plateau Planning District Commission to
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process it.
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e. Allegations received by telephone will be reduced to writing and provided to
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complainant for confirmation or revision before processing.
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Cumberland Plateau Planning District Commission
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DISCRIMINATION COMPLAINT PROCEDURES ~ HANDLING, TRACKING, RESOLVING, AND
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REPORTING INVESTIGATIONS/COMPLAINTS.
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Any individual may exercise his or her right to file a complaint with the Cumberland Plateau Planning
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District Commission if that person believes that s/he or any other program beneficiaries have been
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subjected to unequal treatment or discrimination in the receipt of benefits/services or prohibited by non-
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discrimination requirements. The Cumberland Plateau Planning District Commission will make a
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concerted effort to resolve complaints locally, using the agency's Nondiscrimination Complaint
|
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Procedures, as described below. All Title VI complaints and their resolution will be logged as described
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under “Data collection” and reported immediately. Should any Title VI investigations be initiated by FTA,
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or any Title VI lawsuits be filed against the Cumberland Plateau Planning District Commission, the
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agency will follow these procedures:
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These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964 as amended,
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and the Civil Rights Restoration Act of 1987, relating to any program or activity administered by the
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Cumberland Plateau Planning District Commission, as well as to subrecipients, consultants, and/or
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contractors. Intimidation or retaliation of any kind is prohibited by law. These procedures do not deny the
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right of the complainant to file formal complaints with other state or federal agencies, or to seek private
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counsel for complaints alleging discrimination. These procedures are part of an administrative process
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that does not provide for remedies that include punitive damages or compensatory remuneration for the
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complainant. Every effort will be made to obtain early resolution of complaints at the lowest level possible.
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The option of informal mediation meeting(s) between the affected parties and the Title VI Compliance
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Officer may be utilized for resolution. The Title VI Compliance Officer will make every effort to pursue a
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resolution to the complaint. Initial interviews with the complainant and the respondent will request
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information regarding specifically requested relief and settlement opportunities.
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Procedures
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1. Any individual, group of individuals, or entity that believes they have been subjected to discrimination,
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prohibited by Title VI nondiscrimination provisions may file a written complaint with the Cumberland
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Plateau Planning District Commission's Title VI Program Compliance Officer. A formal complaint must
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be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination
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became known to the complainant. The complaint must meet the following requirements:
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a. Complaint shall be in writing and signed by the complainant(s).
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b. Include the date of the alleged act of discrimination (date when the complainant(s)
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became aware of the alleged discrimination; or the date on which that conduct was
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discontinued or the latest instance of the conduct).
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. Present a detailed description of the issues, including names and job titles of those
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individuals perceived as parties in the complained-of incident.
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4d. Allegations received by fax or e-mail will be acknowledged and processed, once the
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identity(ies) of the complainant(s) and the intent to proceed with the complaint have
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been established. The complainant is required to mail a signed, original copy of the
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fax or e-mail transmittal for the Cumberland Plateau Planning District Commission to
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process it.
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e. Allegations received by telephone will be reduced to writing and provided to
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‘complainant for confirmation or revision before processing.
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f. A complaint form will be forwarded to the complainant for him/her to complete, sign,
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and return to the Cumberland Plateau Planning District Commission for processing.
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2. Upon receipt of the complaint, the Title VI Compliance Officer will determine its jurisdiction,
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acceptability, and need for additional information, as well as investigate the merit of the complaint. In
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cases where the complaint is against one of Cumberland Plateau Planning District Commission's
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subrecipients of federal funds, the Cumberland Plateau Planning District Commission will assume
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jurisdiction and will investigate and adjudicate the case. Complaints against the Cumberland Plateau
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Planning District Commission will be referred to FTA or the appropriate Federal Agency for proper
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disposition pursuant to their procedures.
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3. In order to be accepted, a complaint must meet the following criteria:
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a. The complaint must be filed within 180 calendar days of the alleged occurrence or
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when the alleged discrimination became known to the complainant.
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b. The allegation(s) must involve a covered basis such as race, color, or national origin.
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c. The allegation(s) must involve a program or activity of a federal-aid recipient,
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subrecipient, or contractor.
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4. A complaint may be dismissed for the following reasons:
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a. The complainant requests the withdrawal of the complaint.
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b. The complainant fails to respond to repeated requests for additional information
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needed to process the complaint.
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c. The complainant cannot be located after reasonable attempts.
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5. Once the Cumberland Plateau Planning District Commission decides to accept the complaint for
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investigation, the complainant and the respondent will be notified in writing of such determination
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within seven calendar days. The complaint will receive a case number and will then be logged into
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the Cumberland Plateau Planning District Commission's records identifying its basis and alleged
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harm.
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6. In cases where the Cumberland Plateau Planning District Commission assumes the investigation of
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the complaint, the Cumberland Plateau Planning District Commission will provide the respondent with
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the opportunity to respond to the allegations in writing. The respondent will have ten (10) calendar
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days from the date of the Cumberland Plateau Planning District Commission written notification of
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acceptance of the complaint to furnish his/her response to the allegations.
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7. Cumberland Plateau Planning District Commission's final investigative report and a copy of the
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complaint will be forwarded to FTA (or appropriate Federal Agency) and affected parties within 60
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calendar days of the acceptance of the complaint.
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8. The Cumberland Plateau Planning District Commission will notify the parties of its final decision.
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9. If complainant is not satisfied with the results of the investigation of the alleged discrimination and
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practices the complainant will be advised of their right file a complaint with FTA.
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f. A complaint form will be forwarded to the complainant for him/her to complete, sign,
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and return to the Cumberland Plateau Planning District Commission for processing.
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Upon receipt of the complaint, the Title VI Compliance Officer will determine its jurisdiction,
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acceptability, and need for additional information, as well as investigate the merit of the complaint. In
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‘cases where the complaint is against one of Cumberland Plateau Planning District Commission's
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subrecipients of federal funds, the Cumberland Plateau Planning District Commission will assume
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jurisdiction and will investigate and adjudicate the case. Complaints against the Cumberland Plateau
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Planning District Commission will be referred to FTA or the appropriate Federal Agency for proper
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disposition pursuant to their procedures.
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In order to be accepted, a complaint must meet the following criteria:
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a, The complaint must be filed within 180 calendar days of the alleged occurrence or
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when the alleged discrimination became known to the complainant.
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b. The allegation(s) must involve a covered basis such as race, color, or national origin.
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c. The allegation(s) must involve a program or activity of a federal-aid recipient,
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subrecipient, or contractor.
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‘A complaint may be dismissed for the following reasons:
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a. The complainant requests the withdrawal of the complaint
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b. The complainant fails to respond to repeated requests for additional information
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needed to process the complaint.
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The complainant cannot be located after reasonable attempts.
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Once the Cumberland Plateau Planning District Commission decides to accept the complaint for
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investigation, the complainant and the respondent will be notified in writing of such determination
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within seven calendar days. The complaint will receive a case number and will then be logged into
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the Cumberland Plateau Planning District Commission's records identifying its basis and alleged
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harm,
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In cases where the Cumberland Plateau Planning District Commission assumes the investigation of
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the complaint, the Cumberland Plateau Planning District Commission will provide the respondent with
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the opportunity to respond to the allegations in writing. The respondent will have ten (10) calendar
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days from the date of the Cumberland Plateau Planning District Commission written notification of
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acceptance of the complaint to furnish his/her response to the allegations.
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Cumberland Plateau Planning District Commission's final investigative report and a copy of the
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complaint will be forwarded to FTA (or appropriate Federal Agency) and affected parties within 60
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calendar days of the acceptance of the complaint.
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‘The Cumberland Plateau Planning District Comr
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n will notify the parties of its final de
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ion.
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If complainant is not satisfied with the results of the investigation of the alleged discrimination and
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practices the complainant will be advised of their right file a complaint with FTA.
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