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FHWA Order 4710.8
|CLARIFICATION OF FEDERAL HIGHWAY ADMINISTRATION (FHWA) AND STATE RESPONSIBILITIES UNDER EXECUTIVE ORDER 11246 AND DEPARTMENT OF LABOR (DOL) REGULATIONS IN 41 CFR CHAPTER 60|
|Classification Code||Date||Office of Primary Interest|
|4710.8||February 1, 1999||[office]|
|4. Authority and Responsibilities|
(1) The State highway agency and FHWA have responsibility to ensure that recipients of Federal-aid funds include the required contractual language relating to equal employment opportunity, as set forth in 41 CFR Parts 60-1 and 60-4, either explicitly or by reference.
(2) The State highway agency and the FHWA have the authority and the responsibility to ensure compliance with 23 USC Section 140 and Title VI of the Civil Rights Act of 1964, as amended, and related regulations, including 49 CFR Parts 21 and 23, and 23 CFR Parts 200, 230, and 633. Pursuant to this authority, the State highway agency and the FHWA may conduct compliance reviews of contractors on federally funded highway projects to determine compliance with these laws and related regulations. State highway agencies shall prepare complete, written reports of findings of the compliance reviews. These reports, and the evidence on which they are based, shall be available for FHWA analysis.
(3) If the State highway agency or the FHWA becomes aware of any possible violations of EO 11246 or 41 CFR Chapter 60, each has the authority and the responsibility to notify the OFCCP.
(4) The FHWA and the State highway agency shall not make any determinations regarding compliance with EO 11246 or 41 CFR Chapter 60.
Original signed by: