---
kind: "section"
citation: "28 C.F.R. § 35.172"
title: "28"
number: "35.172"
heading: "Investigations and compliance reviews."
url: "https://uscodex.org/cfr/28/35.172"
---

# §35.172. Investigations and compliance reviews.

- (a) The designated agency shall investigate complaints for which it is responsible under [§ 35.171](/cfr/28/35.171.md).
- (b) The designated agency may conduct compliance reviews of public entities in order to ascertain whether there has been a failure to comply with the nondiscrimination requirements of this part.
- (c) Where appropriate, the designated agency shall attempt informal resolution of any matter being investigated under this section, and, if resolution is not achieved and a violation is found, issue to the public entity and the complainant, if any, a Letter of Findings that shall include—
  - (1) Findings of fact and conclusions of law;
  - (2) A description of a remedy for each violation found (including compensatory damages where appropriate); and
  - (3) Notice of the rights and procedures available under [paragraph (d)](#d) of this section and §§ [35.173](/cfr/28/35.173.md) and [35.174](/cfr/28/35.174.md).
- (d) At any time, the complainant may file a private suit pursuant to section 203 of the Act, [42 U.S.C. 12133](/usc/42/12133.md), whether or not the designated agency finds a violation.

## Notes

### Amendments

[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

[AG Order No. 3180-2010, 75 FR 56184, Sept. 15, 2010]