---
kind: "section"
citation: "28 C.F.R. § 35.171"
title: "28"
number: "35.171"
heading: "Acceptance of complaints."
url: "https://uscodex.org/cfr/28/35.171"
---

# §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](/cfr/28/504.md).
    - (ii) If the agency does not have [section 504](/cfr/28/504.md) jurisdiction, it shall promptly determine whether it is the designated agency under [subpart G](/cfr/28/subpartG.md) 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](/cfr/28/504.md) jurisdiction and is not the designated agency, it shall promptly refer the complaint to the appropriate designated agency, the agency that has [section 504](/cfr/28/504.md) jurisdiction, or the Department of Justice, and so notify the complainant.
    - (ii) When the Department of Justice receives a complaint for which it does not have jurisdiction under [section 504](/cfr/28/504.md) and is not the designated agency, it may exercise jurisdiction pursuant to [§ 35.190(e)](/cfr/28/35.190.md?p=e) or refer the complaint to an agency that does have jurisdiction under [section 504](/cfr/28/504.md) or to the appropriate agency designated in [subpart G](/cfr/28/subpartG.md) 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](/cfr/28/504.md) jurisdiction, it shall process the complaint according to its procedures for enforcing [section 504](/cfr/28/504.md).
    - (ii) If the agency that receives a complaint does not have [section 504](/cfr/28/504.md) 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](/cfr/28/504.md) jurisdiction, the agency shall follow the procedures issued by the Department of Justice and the Equal Employment Opportunity Commission under [section 107(b)](/cfr/28/107.md?p=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](/cfr/28/504.md) 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.

## Notes

### Amendments

[Order No. 1512-91, 56 FR 35716, July 26, 1991, as amended by AG Order No. 3180-2010, 75 FR 56184, Sept. 15, 2010]

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 12131, and 12205a.

### Source

Source: Order No. 1512-91, 56 FR 35716, July 26, 1991, unless otherwise noted.

### Amendments

[Order No. 1512-91, 56 FR 35716, July 26, 1991, as amended by AG Order No. 3180-2010, 75 FR 56184, Sept. 15, 2010]