\365\365102.152-102.159 3 CFR Ch. I (1-1-2001 Edition) apply to buildings covered by this sec- tion. \3658 102.152-102.159 [Reserved] 8 102.160 Communications. (a) The agency shall take appropriate steps to ensure effective communica- tion with applicants, participants, per- sonnel of other Federal entities, and members of the public. (1) The agency shall furnish appro- priate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency. (i) In determining what type of auxil- iary aid is necessary, the agency shall give primary consideration to the re- quests of the individual with handi- caps. (ii) The agency need not provide indi- vidually prescribed devices, readers for personal use or study, or other devices of a personal nature. (2) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally ef- fective telecommunication systems shall be used to communicate with per- sons with impaired hearing. (b) The agency shall ensure that in- terested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, ac- tivities, and facilities. (c) The agency shall provide signage at a primary entrance to each of its in- accessible facilities, directing users to a location at which they can obtain in- formation about accessible facilities. The international symbol for accessi- bility shall be used at each primary en- trance of an accessible facility. (d) This section does not require the agency to take any action that it can demonstrate would result in a funda- mental alteration in the nature of a program or activity or in undue finan- cial and administrative burdens. In those circumstances where agency per- sonnel believe that the proposed action would fundamentally alter the program or activity or would result in undue fi- nancial and administrative burdens, the agency has the burden of proving that compliance with \365 102.160 would re- suit in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the fund- ing and operation of the conducted pro- gram or activity and must be accom- panied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this section would result in such an alter- ation or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with handicaps receive the benefits and services of the program or activity. 88 102.161-102.169 [Reserved] 8 102.170 Compliance procedures. (a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs and activities conducted by the agency. (b) The agency shall process com- plaints alleging violations of section 504 with respect to employment accord- ing to the procedures established by the Equal Employment Opportunity Commission in 29 CFI\177 part 1613 pursu- ant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). (c) The Director, Facilities Manage- ment, Office of Administration, Execu- tive Office of the President, shall be re- sponsible for coordinating implementa- tion of this section. Complaints may be sent to the Director at the following address: Room 486, Old Executive Office Building, 17th and Pennsylvania Ave. NW., Washington, DC 20500. (d) The agency shall accept and in- vestigate all complete complaints for which it has jurisdiction. All complete complaints must be filed within 180 days of the alleged act of discrimina- tion. The agency may extend this time period for good cause. 422
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