28 CFR Part 35 · Subpart F — Compliance Procedures
§ 35.172 Investigations and compliance reviews
Last updated June 11, 2026
What 28 CFR §35.172 requires of state and local governments.
In Plain Language
Once a complaint is accepted, the designated agency investigates to determine whether Title II has been violated. Agencies may also conduct compliance reviews on their own initiative — without a complaint being filed. Investigations may include document requests, site visits, and interviews. The agency issues a letter of findings summarizing its conclusions and providing the entity an opportunity to respond before a final determination.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.172
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) The designated agency shall investigate complaints for which it is responsible under § 35.171.
(b) The designated agency may conduct compliance reviews of public entities in order to ascertain whether there has been a failure to comply with the nondiscrimination requirements of this part.
(c) Where appropriate, the designated agency shall attempt informal resolution of any matter being investigated under this section, and, if resolution is not achieved and a violation is found, issue to the public entity and the complainant, if any, a Letter of Findings that shall include—
(1) Findings of fact and conclusions of law;
(2) A description of a remedy for each violation found (including compensatory damages where appropriate); and
(3) Notice of the rights and procedures available under paragraph (d) of this section and §§ 35.173 and 35.174.
(d) At any time, the complainant may file a private suit pursuant to section 203 of the Act, 42 U.S.C. 12133, whether or not the designated agency finds a violation.
[AG Order No. 3180-2010, 75 FR 56184, Sept. 15, 2010]
What § 35.172 Means in Practice
- Designated agencies must investigate each complete complaint and attempt informal resolution
- If resolution fails, the agency issues a Letter of Findings with factual findings and remedies
- Agencies may also conduct compliance reviews on their own initiative, without any complaint
- An investigation can examine the entity's policies and practices well beyond the original complaint facts
Common Questions
Can we be investigated even if no one has filed a complaint?
Yes. Designated agencies have authority to conduct compliance reviews on their own initiative based on patterns, prior complaints, or random selection.
What should we do when notified of an investigation?
Respond promptly and cooperatively. Engage your ADA Coordinator and legal counsel. Provide requested documents thoroughly and on time.
Does § 35.172 apply to your entity?
You don’t need to fix everything today. You need to know what matters first. We’ll help you find it.
Prefer to talk it through? Call the Title II Line: (608) 960-8830