28 CFR Part 35 · Subpart F — Compliance Procedures
§ 35.173 Voluntary compliance agreements
Last updated June 11, 2026
What 28 CFR §35.173 requires of state and local governments.
In Plain Language
When an investigation finds a Title II violation, the designated agency first attempts to achieve voluntary compliance through negotiation. A voluntary compliance agreement is a formal, legally binding document in which the public entity agrees to specific remedial actions within a defined timeline. These agreements are the most common resolution of Title II investigations. Failure to comply with a voluntary agreement can result in referral to the DOJ and potential litigation.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.173
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) When the designated agency issues a noncompliance Letter of Findings, the designated agency shall—
(1) Notify the Assistant Attorney General by forwarding a copy of the Letter of Findings to the Assistant Attorney General; and
(2) Initiate negotiations with the public entity to secure compliance by voluntary means.
(b) Where the designated agency is able to secure voluntary compliance, the voluntary compliance agreement shall—
(1) Be in writing and signed by the parties;
(2) Address each cited violation;
(3) Specify the corrective or remedial action to be taken, within a stated period of time, to come into compliance;
(4) Provide assurance that discrimination will not recur; and
(5) Provide for enforcement by the Attorney General.
What § 35.173 Means in Practice
- When a violation is found, the designated agency must attempt to secure a voluntary compliance agreement
- Agreements must address each cited violation, be signed by authorized officials, and may provide relief for the aggrieved party including money damages
- Voluntary compliance agreements are enforceable: the agreement itself gives the government a contract-style enforcement path
- Most federal ADA enforcement resolves at this stage rather than in court
Common Questions
Is a voluntary compliance agreement an admission of wrongdoing?
Not necessarily. Entities often enter agreements to resolve investigations without admitting liability. Review the specific agreement language with legal counsel.
What happens if we do not meet our compliance agreement obligations?
The designated agency may refer the matter to DOJ for litigation. Non-compliance is treated seriously.
Does § 35.173 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