§ 32.5. Compliance review.
(a) The Department will, from time to time, conduct a compliance review. The compliance review will be conducted as appears warranted by the Secretary based upon an institution’s failure to comply with this chapter or allegations of an institution’s failure to comply, or, at intervals which may be required by State or Federal court order.
(b) The purpose of the review shall be to determine whether the assurances submitted in accordance with § 32.3 (relating to assurances), are being honored in good faith.
(c) If, within 12 months of the Department’s compliance review, the Human Relations Commission or the United States Department of Education has, after a comprehensive review, determined that an institution is in compliance with applicable State and Federal antidiscrimination laws, or has imposed an affirmative action program on the institution to correct existing deficiencies, the Department will take no further action with respect to each issue thus determined at that institution.
(d) In other cases, the Department will obtain and consider relevant data and make a determination of compliance or noncompliance in accordance with 16 Pa. Code § 49.36 (relating to compliance review).
(e) After review, the Department will notify the institution whether or not it has been found to be in compliance. If deficiencies are found to exist as a result of a compliance review, reasonable efforts shall be made to secure compliance through conciliation and persuasion. Before an institution may be found to be in compliance with this chapter, it shall make a specific commitment in writing to correct the deficiencies. The commitment may include preparation and implementation of an affirmative action program prepared in accordance with 16 Pa. Code § § 49.51 and 49.52 (relating to purpose; and content).
(f) The commitment shall include the precise action to be taken and dates for completion. Specific numerical goals and timetables shall be included where appropriate. The time period allotted may be no longer than the minimum period foreseeably necessary to effect the change.
(g) Upon approval by the Department, an institution should be considered in compliance if it makes every good faith effort to keep its commitments. An institution’s compliance status shall be judged in part by whether or not it reaches its goals or meets its timetables and in part by reviewing the contents of its program and the extent of its adherence to the program and its good faith efforts to make the program work toward realization of goals within the timetables set for completion.
Source The provisions of this § 32.5 amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3739. Immediately preceding text appears at serial pages (108451) to (108452).
Cross References This section cited in 22 Pa. Code § 32.4 (relating to duties of the Department); and 22 Pa. Code § 32.6 (relating to enforcement).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
