Outreach and Compliance Coordination: Complaint Process and How to File a Complaint
It is the policy of the U.S. Nuclear Regulatory Commission (NRC), Office of Small Business and Civil Rights (SBCR), to ensure that no person is excluded from participation in, denied benefits of, or otherwise subjected to discrimination in NRC conducted and Federal financially assisted (FFA) programs and activities. SBCR established procedures for the prompt processing of complaints alleging discrimination in NRC conducted and FFA programs. OCCP accepts complaints alleging discrimination prohibited by NRC regulations (10 CFR Parts 4 and 5) from any person, individually or as a member of a class or on behalf of others that is filed within 180 days from the date of the alleged act of discrimination. For good cause shown, SBCR may extend the time limit. OCCP will facilitate the filing of complaints whenever possible, including taking the following measures:
- Accepting a complaint as sufficient for further processing that;
- is in writing;
- alleges a violation of the NRC and/or Federal Regulations;
- identifies the parties involved and the date the complainant first had knowledge of the alleged violation(s);
- describes the action or practice complained of; and
- is signed by the Complainant.
- Permitting a complainant to add information to meet the requirements of a sufficient complaint;
- Notifying the complainant and the recipient of their rights and obligations under the complaint procedure, including the right to have a representative at all stages of the complaint procedures; and
- Notifying the complainant and recipient (or representatives) of their right to contact NRC for information and assistance regarding the complaint resolution process.
A Complainant may submit a complaint in writing, or using NRC's complaint form.
Each complainant and recipient is required to participate actively in efforts toward speedy resolution of the complaint. SBCR is required to return any complaint outside the jurisdiction of NRC regulations to the complainant, and to state the reason(s) why it is outside the agency's jurisdiction.
Individuals who believe that they have been subjected to discrimination on the basis of a protected classification by either an NRC office (program/activity), or a recipient of NRC FFA may file a complaint with:
- The Outreach and Compliance Coordination Program
Office of Small Business and Civil Rights
U.S. Nuclear Regulatory Commission
11555 Rockville Pike, MS 03-G04
Rockville, MD 20852
Toll-free telephone and TDD: (301) 415-5244
Webpage: OCCProgram.Resource@nrc.gov; or
- Federal Coordination and Compliance Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66560
Washington, D.C. 20035-6560
Toll-free telephone and TDD: 1(888)848-5306
A complaint will be considered complete that contains:
- Complainant's name, address and telephone number;
- The name and address of the agency, institution, or department that the Complainant or person filing on behalf of a Complainant believe discriminated against the Complainant; how, why, and when (date) discrimination occurred, including as much information as possible about the alleged acts of discrimination, and the names of the individuals whom are alleged to have discriminated against the Complainant, if known; and
- The names of any persons, if known, that the investigating agency could contact for additional information to support or clarify the Complainant's allegations;
- Signature. (required)
A complaint may also be filed with the recipient establishment where the discrimination is believed to have or is occurring.
The agency processes employee complaints according to the procedures established by the Equal Opportunity Commission in 29 CFR 1614 and handles these through SBCR's Civil Rights Program. Public complaints filed by, or on behalf of the public will be processed in accordance with the procedures established in 10 CFR Parts 4 and 5. If OCCP receives a complaint on the basis of disability, which the agency does not have jurisdiction, the complainant will be promptly notified and reasonable efforts made to refer the case to the appropriate government entity.
Within 180 days of receiving a completed complaint, OCCP will notify the complainant of the investigation results in a letter containing:
- Findings of fact and conclusions of law;
- A description of a remedy for each violation found; and
- A notice of the right to appeal.
Timely appeals, those filed within 90 days of receipt of the letter of determination, will be processed by the head of the agency. The complainant will be notified of the results within 60 days of the receipt of the requested information. If additional information is needed to make a determination, the head of the agency is allotted 60 days from receipt of the additional information to make a determination on the appeal. The required time limits may be extended with the permission of the Assistant Attorney General.
For more information, please see NRC regulations under Title 10, Parts 4 and 5, of the Code of Federal Regulations (10 CFR Part 4, 10 CFR Part 5).
- 4.42 Complaints.
- 4.43 Investigations.
- 4.44 Resolution of matters.
- 4.45 Intimidatory or retaliatory acts prohibited.
- 4.570 Compliance Procedures.
- 5.605 Enforcement procedures.