28 CFR Part 35 · Subpart F — Compliance Procedures
§ 35.174 Referral
Last updated June 11, 2026
What 28 CFR §35.174 requires of state and local governments.
In Plain Language
If a public entity fails to achieve voluntary compliance after an investigation finds a violation, the designated agency refers the matter to the Attorney General (DOJ). The DOJ may then file a lawsuit against the entity. DOJ litigation under Title II can result in court orders, consent decrees, civil penalties, and damages. This is the enforcement backstop — the consequence of failing to resolve violations through the compliance process.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.174
Verbatim from 28 CFR Part 35, current through June 9, 2026.
If the public entity declines to enter into voluntary compliance negotiations or if negotiations are unsuccessful, the designated agency shall refer the matter to the Attorney General with a recommendation for appropriate action.
What § 35.174 Means in Practice
- If voluntary compliance cannot be achieved, the designated agency refers the matter to the Department of Justice
- DOJ decides whether to file a civil action in federal court
- Referral is the escalation point that turns an administrative complaint into potential litigation
- Entities that negotiate in good faith during §35.173 rarely reach this stage
Common Questions
How common is DOJ referral?
Most Title II matters resolve through voluntary compliance. DOJ litigation is reserved for significant violations or entities that refuse to engage.
What is a consent decree?
A court-approved settlement that functions as a court order. Violating a consent decree is contempt of court. Many Title II consent decrees include multi-year monitoring periods.
Does § 35.174 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