[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR366.40]

[Page 370]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 366--CENTERS FOR INDEPENDENT LIVING--Table of Contents
 
              Subpart E--Enforcement and Appeals Procedures
 
Sec.  366.40  How does the Director initiate enforcement procedures?

    (a) If the Director determines that any center receiving funds under 
this part is not in compliance with the standards and assurances in 
section 725 (b) and (c) of the Act and subparts F and G of this part, 
the Director shall immediately provide the center, by certified mail, 
return receipt requested, or other means that provide proof of receipt, 
with an initial written notice that the center is out of compliance with 
the standards and assurances and that the Director will terminate the 
center's funds or take other proposed significant adverse action against 
the center 90 days after the center's receipt of this initial written 
notice. The Director shall provide technical assistance to the center to 
develop a corrective action plan to comply with the standards and 
assurances.
    (b) Unless the center submits, within 90 days after receiving the 
notification required by paragraph (a) of this section, a corrective 
action plan to achieve compliance that is approved by the Director or, 
if appealed, by the Secretary, the Director shall terminate all funds 
under section 723 of the Act to a center 90 days after the later of--
    (1) The date that the center receives the initial written notice 
required by paragraph (a) of this section; or
    (2) The date that the center receives the Secretary's final decision 
issued pursuant to Sec.  366.46(c) if--
    (i) The center files a formal written appeal of the Director's final 
written decision pursuant to Sec.  366.44(a); or
    (ii) The center files a formal written appeal of the decision 
described in the Director's initial written notice pursuant to Sec.  
366.44(b).

(Approved by the Office of Management and Budget under control number 
1820-0018)

(Authority: 29 U.S.C. 711(c) and 796f-2(g) and (i))