REG 7 CFR PART 15-2012 NONDISCRIMINATION.pdf

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1、406 7 CFR Subtitle A (1112 Edition) Pt. 15 water resources, protecting or restor-ing the environment, improving for-ests, or providing a habitat for wildlife may be considered for exclusion from gross income under part 14. (c) Determining the primary purpose of non-Federal payments. The determina-ti

2、on of the primary purpose for which non-Federal payments are made with respect to their potential for exclusion from gross income shall be made by using the criteria set forth in part 14 for determining the primary purpose of Federal payments. (d) Procedure for determining the pri-mary purpose of pa

3、yments made under non-Federal programs. (1) To initiate the process of determining the applica-bility of this part to payments received through non-Federal programs and the primary purpose of the payments for potential exclusion from gross income, the non-Federal official responsible for the program

4、 through which the pay-ments are made should provide six cop-ies of the following materials relating to the program to the Secretary of Ag-riculture (i) Authorizing legislation; (ii) Rules or regulations; (iii) Current policies and procedures under which payments are made and used; (iv) A descriptio

5、n of all practices or measures for which payments are made and used; and (v) Any other information that may be helpful in determining the purpose for which payments, or portions there-of, are made and used. (2) Any changes in the supporting documentation listed in paragraphs (d)(1)(i) through (d)(1)

6、(iv) of this sec-tion, should be reported to the Sec-retary within 30 days of the date they become final. PART 15NONDISCRIMINATION Subpart ANondiscrimination in Federally- Assisted Programs of the Department of AgricultureEffectuation of Title VI of the Civil Rights Act of 1964 Sec. 15.1 Purpose and

7、 application of part. 15.2 Definitions. 15.3 Discrimination prohibited. 15.4 Assurances required. 15.5 Compliance. 15.6 Complaints. 15.7 Intimidatory or retaliatory acts pro-hibited. 15.8 Procedure for effecting compliance. 15.9 Hearings. 15.10 Decisions and notices. 15.11 Judicial review. 15.12 Eff

8、ect on other regulations; forms and instructions. APPENDIX TO SUBPART ALIST OF FEDERAL FINANCIAL ASSISTANCE FROM USDA Subpart B Reserved Subpart CRules of Practice and Proce-dure for Hearings, Decisions and Ad-ministrative Review Under the Civil Rights Act of 1964 GENERAL INFORMATION 15.60 Scope of

9、rules. 15.61 Records to be public. 15.62 Definitions. 15.63 Computation of time. 15.64 Parties. 15.65 Appearance. 15.66 Complainants not parties. 15.67 Intervener. 15.68 Ex parte communications. FORM, EXECUTION, FILING AND SERVICE OF DOCUMENTS 15.71 Form of documents to be filed. 15.72 Filing. 15.73

10、 Service. 15.74 Date of service. INITIAL NOTICE AND RESPONSE 15.81 How proceedings are commenced. 15.82 Notice of hearing and response there-to. 15.83 Notice of opportunity to request a hearing and response thereto. 15.84 Answer. 15.85 Amendment of notice or answer. 15.86 Consolidated or joint heari

11、ngs. HEARING OFFICER 15.91 Who presides. 15.92 Designation of hearing officer. 15.93 Time and place of hearing. 15.94 Disability of hearing officer. 15.95 Responsibilities and duties of hearing officer. MOTIONS 15.101 Form and content. 15.102 Responses to motions. 15.103 Disposition of motions. HEAR

12、ING PROCEDURES 15.110 Prehearing conferences. 15.111 Purpose of hearing. 15.112 Statement of position and brief. 15.113 Testimony. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00416 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for Resa

13、leNo reproduction or networking permitted without license from IHS-,-,-407 Office of the Secretary, USDA 15.2 15.115 Affidavits. 15.116 Depositions. 15.117 Evidence. 15.118 Cross-examination. 15.119 Objections. 15.120 Exceptions to rulings of hearing offi-cer unnecessary. 15.121 Official notice. 15.

14、122 Offer of proof. 15.123 Appeals from ruling of hearing offi-cer. 15.124 Admissions as to facts and docu-ments. THE RECORD 15.131 Official transcript. 15.132 Record for decision. POSTHEARING PROCEDURES 15.135 Posthearing briefs. 15.136 Decisions and notices. 15.137 Exceptions to initial or propose

15、d de-cision. 15.138 Review of initial decision. 15.139 Oral argument. 15.140 Service of decisions. 15.141 Contents of decision. 15.142 Content of orders. 15.143 Decision where financial assistance affected. AUTHORITY: 5 U.S.C. 301; 29 U.S.C. 794. Subpart ANondiscrimination in Federally-Assisted Prog

16、rams of the Department of Agri-cultureEffectuation of Title VI of the Civil Rights Act of 1964 SOURCE: 29 FR 16274, Dec. 4, 1964; 29 FR 16966, Dec. 11, 1964, unless otherwise noted. 15.1 Purpose and application of part. (a) The purpose of the regulations in this part is to effectuate the provisions

17、of title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Act) to the end that no person in the United States shall, on the ground of race, color, or national origin, be ex-cluded from participation in, be denied the benefits of, or be otherwise sub-jected to discrimination under a

18、ny pro-gram or activity of an applicant or re-cipient receiving Federal financial as-sistance from the Department of Agri-culture or any Agency thereof. (b) The regulations in this part apply to any program or activity of an appli-cant or recipient for which Federal fi-nancial assistance is authoriz

19、ed under a law administered by the Department including, but not limited to, the Fed-eral financial assistance listed in the appendix to this part. They apply to money paid, property transferred, or other Federal financial assistance ex-tended to an applicant or recipient for its program or activity

20、 after the effec-tive date of these regulations pursuant to an application approved or statutory or other provision made therefor prior to such effective date. The regulations in this part do not apply to (1) any Fed-eral financial assistance by way of in-surance or guaranty contract, (2) money paid

21、, property transferred, or other assistance extended prior to the effective date of the regulations in this part, (3) any assistance to an applicant or recipient who is an ultimate bene-ficiary, or (4) except as provided in 15.3(c), any employment practice of any employer, employment agency or labor

22、 organization. The fact that a spe-cific kind of Federal financial assist-ance is not listed in the appendix, shall not mean, if title VI of the Act is oth-erwise applicable, that such Federal fi-nancial assistance is not covered. Other Federal financial assistance under statutes now in force or her

23、ein-after enacted may be added to this list by notice approved and issued by the Secretary and published in the FED-ERAL REGISTER. 29 FR 16274, Dec. 4, 1964, as amended at 38 FR 17925, July 5, 1973; 68 FR 51341, Aug. 26, 2003 15.2 Definitions. (a) Department means the Department of Agriculture, and

24、includes each of its operating agencies and other organiza-tional units. (b) Agency means any service, bureau, agency, office, administration, instru-mentality of or corporation within the U.S. Department of Agriculture ex-tending Federal financial assistance to any program or activity, or any offic

25、er or employee of the Department to whom the Secretary delegates author-ity to carry out any of the functions or responsibilities of an agency under this part. (c) Secretary means the Secretary of Agriculture or any officer or employee of the Department to whom the Sec-retary has heretofore delegate

26、d, or to VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00417 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-408 7 CFR Subtitle A (1112 Edition) 15.2 whom the S

27、ecretary may hereafter del-egate, the authority to act in his stead under the regulations in this part. (d) Hearing Officer means a hearing examiner appointed pursuant to 5 U.S.C. 3105, and designated to hold hearings under the regulations in this part or any person authorized to hold a hearing and

28、make a final decision under the regulations in this part. (e) Recipient means any State, polit-ical subdivision of any State, or instru-mentality of any State or political sub-division, any public or private agency, institution, or organization, or other entity or any individual in any State, to who

29、m Federal financial assistance is extended, directly or through another recipient, including any successor, as-signee, or transferee thereof, but such term does not include any ultimate beneficiary. (f) Primary recipient includes any re-cipient which is authorized or required to extend Federal finan

30、cial assistance to another recipient. (g) Federal financial assistance or fi-nancial assistance includes (1) grants and loans of Federal funds, (2) the grant or donation of Federal property and interests in property, (3) the detail of Federal personnel, (4) the sale and lease of, and the permission

31、to use (on other than a casual or transient basis), Federal property or any interest in such property or the furnishing of serv-ices without consideration or at a nominal consideration, or at a consid-eration which is reduced for the pur-pose of assisting the recipient, or in recognition of the publ

32、ic interest to be served by such sale, lease or furnishing of services to the recipient, and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance. (h) Grant, loan or contract includes any grant, loan agreement or commit-ment to loan,

33、contract or agreement to provide financial assistance or any other arrangement between the De-partment or any Agency and a recipi-ent of financial assistance. (i) United States means the States of the United States, the District of Co-lumbia, Puerto Rico, the Virgin Is-lands, American Samoa, Guam, W

34、ake Island, the Canal Zone, and the terri-tories and possessions of the United States, and the term State means any one of the foregoing. (j) Applicant means one who submits an application, request, or plan re-quired to be approved by an Agency, or by a primary recipient, as a condition to eligibili

35、ty for Federal financial as-sistance, and application means such an application, request, or plan. (k) Program or activity and program mean all of the operations of any enti-ty described in paragraphs (k)(1) through (4) of this section, any part of which is extended Federal financial as-sistance: (1

36、)(i) A department, agency, special purpose district, or other instrumen-tality of a State or of a local govern-ment; or (ii) The entity of such State or local government that distributes such as-sistance and each such department or agency (and each other State or local government entity) to which th

37、e as-sistance is extended, in the case of as-sistance to a State or local govern-ment; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as de-fined in 20 U.S.C. 7801), system of voca-tional education, or oth

38、er school sys-tem; (3)(i) An entire corporation, partner-ship, or other private organization, or an entire sole proprietorship (A) If assistance is extended to such corporation, partnership, private orga-nization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business

39、 of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other com-parable, geographically separate facil-ity to which Federal financial assist-ance is extended, in the case of any other corporation, partnership, private organization, or so

40、le proprietorship; or (4) Any other entity which is estab-lished by two or more of the entities described in paragraph (k)(1), (2), or (3) of this section. (l) Facility includes all or any portion of structures, equipment, or other real VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 0041

41、8 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-409 Office of the Secretary, USDA 15.3 or personal property or interests there-in, and the provision of facilities in-clude

42、s the construction, expansion, renovation, remodeling, alteration or acquisition of facilities. 29 FR 16274, Dec. 4, 1964, as amended at 36 FR 3411, Feb. 24, 1971; 38 FR 17925, July 5, 1973; 68 FR 51340, 51341, Aug. 26, 2003 15.3 Discrimination prohibited. (a) General. No person in the United States

43、 shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity of the applicant or recipient to which these regulations apply. These regulations apply, but are not restr

44、icted, to unequal treatment in pri-ority, quality, quantity, methods or charges for service, use, occupancy or benefit, participation in the service or benefit available, or in the use, occu-pancy or benefit of any structure, facil-ity, or improvement. (b) Specific discriminatory actions pro-hibited

45、. (1) A recipient under any pro-gram to which the regulations in this part apply may not, directly or through contractual or other arrange-ments on the ground of race, color, or national origin: (i) Deny an individual any service, fi-nancial aid, or other benefit provided under the program; (ii) Pro

46、vide any service, financial aid, or other benefit, to an individual which is different, or is provided in a different manner, from that provided to others under the program; (iii) Subject an individual to segrega-tion or separate treatment in any mat-ter related to his receipt of any service, financ

47、ial aid, or other benefit under the program; (iv) Restrict an individual in any way in the enjoyment of any advantage or privilege, enjoyed by others receiving any service, financial aid, or other ben-efit under the program; (v) Treat an individual differently from others in determining whether he s

48、atisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which indi-viduals must meet in order to be pro-vided any service, financial aid, or other benefit provided under the pro-gram; (vi) Deny an individual an oppor-tunity to participate in the program t

49、hrough the provisions of services or otherwise or afford him an opportunity to do so which is different from that af-forded others under the program (in-cluding the opportunity to participate in the program as an employee but only to the extent set forth in para-graph (c) of this section). (vii) Deny a person the opportunity to participate as a member of a plan-ning or advisory body which is an inte-gral part of the program. (2) A recipient, in determining the types