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Last revision:  July 26, 1991
 
 35.171  Acceptance of complaints.                                     
  
     (a) Receipt of complaints.  (1)(i) Any Federal agency that        
 receives a complaint of discrimination on the basis of disability by a
 public entity shall promptly review the complaint to determine whether
 it has jurisdiction over the complaint under section 504.             
     (ii) If the agency does not have section 504 jurisdiction, it     
 shall promptly determine whether it is the designated agency under    
 subpart G of this part responsible for complaints filed against that  
 public entity.                                                        
     (2)(i) If an agency other than the Department of Justice          
 determines that it does not have section 504 jurisdiction and is not  
 the designated agency, it shall promptly refer the complaint, and     
 notify the complainant that it is referring the complaint to the      
 Department of Justice.                                                
     (ii) When the Department of Justice receives a complaint for which
 it does not have jurisdiction under section 504 and is not the        
 designated agency, it shall refer the complaint to an agency that does
 have jurisdiction under section 504 or to the appropriate agency      
 designated in subpart G of this part or, in the case of an employment 
 complaint that is also subject to title I of the Act, to the Equal    
 Employment Opportunity Commission.                                    
     (3)(i) If the agency that receives a complaint has section 504    
 jurisdiction, it shall process the complaint according to its         
 procedures for enforcing section 504.                                 
     (ii) If the agency that receives a complaint does not have section
 504 jurisdiction, but is the designated agency, it shall process the  
 complaint according to the procedures established by this subpart.    
     (b) Employment complaints.  (1) If a complaint alleges employment 
 discrimination subject to title I of the Act, and the agency has      
 section 504 jurisdiction, the agency shall follow the procedures      
 issued by the Department of Justice and the Equal Employment          
 Opportunity Commission under section 107(b) of the Act.               
     (2) If a complaint alleges employment discrimination subject to   
 title I of the Act, and the designated agency does not have section   
 504 jurisdiction, the agency shall refer the complaint to the Equal   
 Employment Opportunity Commission for processing under title I of the 
 Act.                                                                  
     (3) Complaints alleging employment discrimination subject to this 
 part, but not to title I of the Act shall be processed in accordance  
 with the procedures established by this subpart.                      
     (c) Complete complaints.  (1) A designated agency shall accept all
 complete complaints under this section and shall promptly notify the  
 complainant and the public entity of the receipt and acceptance of the
 complaint.                                                            
     (2) If the designated agency receives a complaint that is not     
 complete, it shall notify the complainant and specify the additional  
 information that is needed to make the complaint a complete complaint.
  If the complainant fails to complete the complaint, the designated   
 agency shall close the complaint without prejudice.