Rules & Regulations of the State of Tennessee
Title 1500 - Human Rights Commission
Chapter 1500-01-03 - Title VI Compliance Program
Section 1500-01-03-.06 - CONDUCT OF INVESTIGATIONS

(a) Complainants alleging discrimination based on race, color or national origin by a recipient may file a written verified complaint with the Commission. Complaints may also be filed with the Commission if the recipient is unknown or the recipient program or activity is associated with joint federal funding.

(b) Complaints must be filed within one hundred eighty (180) days after the alleged discriminatory practice occurs.

(a) The Commission will make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with these regulations. The investigation should include, whenever appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with these regulations occurred, and other factors relevant to a determination as to whether the recipient has failed to comply.

(b) The Commission may investigate allegations of noncompliance with Title VI made against any recipient (e.g. a department or agency) or its subrecipient(s); however, the Commission reserves the right to refer any complaint to the appropriate recipient for investigation and resolution.

(a) If an investigation pursuant to paragraph (2) of this section indicates a failure to comply, the Commission will so inform the department or agency and the matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in paragraph (4) of this section.

(b) If an investigation does not warrant action pursuant to paragraph (3)(a) of this section, the Commission will so inform the department or agency and the complainant, if any, in writing.

(c) Intimidation or retaliatory acts prohibited

(a) If there appears to be a failure or threatened failure for any recipient to comply with these regulations and if the noncompliance or threatened noncompliance cannot be corrected by informal means in conjunction with the responsible State official and responsible Official, the Commission shall report its findings and recommendations to the governor and to each member of the general assembly.

(b) If there appears to be a failure or threatened failure for any subrecipient to comply with these regulations and if the noncompliance or threatened noncompliance cannot be corrected by informal means, the responsible State official may suspend or terminate, or refuse to grant or continue Federal financial assistance, or use any other means authorized by law, to induce compliance by the subrecipient with this regulation. Such other means include any applicable proceeding under state or local law.

(c) Noncompliance with assurance requirement. If an applicant or recipient fails or refuses to furnish an assurance required under Rule 1500-01-03-.04, or fails or refuses to comply with the provisions of the assurance it has furnished, or otherwise fails or refuses to comply with any requirement imposed by or pursuant to Title VI or this regulation, Federal financial assistance may be suspended, terminated, or refused in accordance with the procedures of this regulation.