Title VI Discrimination Complaint Handling and Process Procedures
Any person who believes they, or any specific class of persons, to be subjected to prohibited discrimination based on race, color or national origin may file a written complaint individually or through a representative. A complaint must be filed no later than 180 days after the date of the alleged discrimination, unless the discrimination is ongoing, or the time for filing is extended by the FHWA. Complaints related to the Federal-aid highway program may be filed with TxDOT, FHWA Division Office, the FHWA Headquarters Office of Civil Rights (HCR), the USDOT Departmental Office of Civil Rights, or the USDOJ.
Complaints alleging violations of Title VI by the Hidalgo County Regional Mobility Authority (HCRMA) may be filed in writing directly with the following local, state and federal agencies:
Hidalgo County Regional Mobility Authority
ATTN: Title VI Coordinator
203 W. Newcombe Ave
Pharr, TX 78577
Texas Department of Transportation Civil Rights Division
ATTN: Title VI Program Administrator
125 E. 11th Street
Austin, TX 78701
Federal Highway Administration – Texas Division
300 E. 8th Street
Austin, TX 78701
Federal Highway Administration
Office of Civil Rights
HCR-20, Room E81-320
1200 New Jersey Avenue, SE
Washington, DC 20590
Roles and Responsibilities
The HCRMA is responsible for processing Title VI external discrimination complaints it receives. All discrimination complaints received by the HCRMA will be referred to TxDOT’s CIV for review and action within 10 calendar days. TxDOT processes complaints consistent with FHWA’s Questions and Answers for Complaints Alleging Violations of Title VI of the Civil Rights Act of 1964 guidance. Within 10 days of receipt of the complaint, TxDOT will inform the FHWA Division Office, which will forward the complaint to the FHWA Headquarters Office of Civil Rights (HCR) for review and further investigation, if accepted.
Processing Complaints
The complaint documentation should contain the following information:
• Name, address, and phone number of the complainant;
• Name(s) and address(es) of alleged discrimination official(s);
• Basis of complaint (i.e. race, color, national origin);
• Date of compliant received by the HCRMA;
• A statement of the complaint;
• Other agencies (state, local, or federal) where the complain has been filed; and
• An explanation of any actions your agency has taken or proposed to resolve the issue raised in the complaint.
Complainants may also complete the External Discrimination Complaint Form in English or Spanish.
FHWA has the authority for making all final decisions, including dismissing complaints and issuing letter of findings for complaints concerning the Federal Highway Program. The following are four potential outcomes once a complaint is submitted to FHWA:
• Accept: If a complaint is filed timely, contains sufficient information to support a claim under Title VI, and concerns matters under FHWA’s jurisdiction, then FHWA will send to the complainant, the respondent agency, and the FHWA’s Division Office a written notice that it has accepted the complaint for investigation.
• Preliminary Review: If it is unclear whether the complaint allegations are sufficient to support a claim under Title VI, the FHWA may (1) dismiss it, or (2) engage in a preliminary review to acquire additional information from the complainant and/or respondent before deciding whether to accept, dismiss, or refer the complaint.
• Procedural Dismissal: If a complaint in not filed timely, is not in writing and signed, or features other procedural/practical defects, then FHWA will send the complainant, respondent, and FHWA Division Office a written notice that it is dismissing the complaint.
• Referral/Dismissal: If the complaint is procedurally sufficient but FHWA (1) lacks jurisdiction over the subject matter, or (2) lacks jurisdiction over the respondent entity, then FWHA will either dismiss the complaint or refer it to another agency that does have jurisdiction. If HCR dismisses the complaint, it will send the complainant, respondent, and FHWA Division Office a copy of the written dismissal notice. For referrals, FHWA will send a written referral notice with a copy of the complaint to the proper Federal agency and a copy to the USDOT Departmental Office of Civil Rights.
Investigative Process for HCRMA Complaints
FHWA may delegate a Title VI complaint filed on the HCRMA to TxDOT for investigation. Within 60 days of receipt of complaint, TxDOT will conduct and complete an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to FHWA. FHWA will issue final decisions in all cases, including those complaints investigated by TxDOT. The complaint will be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report findings.
Information to be Maintained
The Title VI Coordinator will maintain all correspondence related to the complaint and a complaint log of any complaints or lawsuits filed against the agency. The log will identify:
• Each complainant by race, color, or national origin;
• The recipient;
• The nature of the complaint;
• The dates the complaint was filed and the investigation completed;
• The disposition and date of disposition;
• Other pertinent information; and
• Corrective actions taken, if any.