View all text of Subchapter IV [§ 21111 - § 21112]
§ 21112. Establishment of State-based administrative complaint procedures to remedy grievances
(a) Establishment of State-based administrative complaint procedures to remedy grievances
(1) Establishment of procedures as condition of receiving funds
(2) Requirements for procedures
The requirements of this paragraph are as follows:
(A) The procedures shall be uniform and nondiscriminatory.
(B) Under the procedures, any person who believes that there is a violation of any provision of subchapter III (including a violation which has occurred, is occurring, or is about to occur) may file a complaint.
(C) Any complaint filed under the procedures shall be in writing and notarized, and signed and sworn by the person filing the complaint.
(D) The State may consolidate complaints filed under subparagraph (B).
(E) At the request of the complainant, there shall be a hearing on the record.
(F) If, under the procedures, the State determines that there is a violation of any provision of subchapter III, the State shall provide the appropriate remedy.
(G) If, under the procedures, the State determines that there is no violation, the State shall dismiss the complaint and publish the results of the procedures.
(H) The State shall make a final determination with respect to a complaint prior to the expiration of the 90-day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination.
(I) If the State fails to meet the deadline applicable under subparagraph (H), the complaint shall be resolved within 60 days under alternative dispute resolution procedures established for purposes of this section. The record and other materials from any proceedings conducted under the complaint procedures established under this section shall be made available for use under the alternative dispute resolution procedures.
(b) Requiring Attorney General approval of compliance plan for States not receiving funds
(1) In general
Not later than January 1, 2004, each nonparticipating State shall elect—
(A) to certify to the Commission that the State meets the requirements of subsection (a) in the same manner as a State receiving a payment under this chapter; or
(B) to submit a compliance plan to the Attorney General which provides detailed information on the steps the State will take to ensure that it meets the requirements of subchapter III.
(2) States without approved plan deemed out of compliance
(3) Nonparticipating State defined
(Pub. L. 107–252, title IV, § 402, Oct. 29, 2002, 116 Stat. 1715.)