[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1206.1-5]

[Page 25-26]
 
                        TITLE 45--PUBLIC WELFARE
 
       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
 
PART 1206--GRANTS AND CONTRACTS--SUSPENSION AND TERMINATION AND DENIAL OF APPLICATION FOR REFUNDING--Table of Contents
 
           Subpart A--Suspension and Termination of Assistance
 
Sec. 1206.1-5  Termination.

    (a) If the responsible ACTION official believes that an alleged 
failure to comply with any requirement stated in Sec. 1206.1-1 may be 
sufficiently serious to warrant termination of assistance, whether or 
not assistance has been suspended, he shall so notify the recipient by 
letter or telegram. The notice shall state that there appear to be 
grounds which warrant terminating the assistance and shall set forth the 
specific reasons therefor. If the reasons result in whole or substantial 
part from the activities of an agency other than the grantee, the notice 
shall identify that agency. The notice shall also advise the recipient 
that the matter has been set down for hearing at a stated time and 
place, in accordance with Sec. 1206.1-6. In the alternative the notice 
shall advise the recipient of its right to request a hearing and shall 
fix a period of time which shall not be less than 10 days in which the 
recipient may request such a hearing.
    (b) Termination hearings shall be conducted in accordance with the 
provision of Secs. 1206.1-7 and 1206.1-8. They shall be scheduled for 
the earliest practicable date, but not later than 30 days after a 
recipient has requested such a hearing in writing or by telegram. 
Consideration shall be given to a request by a recipient to advance or 
postpone the date of a hearing scheduled by ACTION. Any such hearing 
shall afford the recipient a full and fair opportunity to demonstrate 
that it is in compliance with requirements specified in Sec. 1206.1-1. 
In any termination hearing, ACTION shall have the burden of justifying 
the proposed termination action. However, if the basis of the proposed 
termination is the failure of a recipient to take action required by 
law, regulation, or other requirement specified in Sec. 1206.1-1, the 
recipient shall have the burden of proving that such action was timely 
taken.
    (c) If a recipient requests ACTION to hold a hearing in accordance 
with paragraph (a) of this section, it shall send a copy of its request 
for such a hearing to all agencies which would be financially affected 
by the termination of assistance and to each agency identified in the 
notice pursuant to paragraph (a) of this section. This material shall be 
sent to these agencies at the same time the recipient's request is made 
to ACTION. The recipient shall promptly send ACTION a list of the 
agencies to which it has sent such material and the date on which it was 
sent.
    (d) If the responsible ACTION official pursuant to paragraph (a) of 
this section informs a recipient that a proposed termination action has 
been set for hearing, the recipient shall within 5 days of its receipt 
of this notice send a copy of it to all agencies which would be 
financially affected by the termination and to each agency identified in 
the notice pursuant to paragraph (a) of this section. The recipient 
shall send the responsible ACTION official a list of all agencies 
notified and the date of notification.
    (e) If the responsible ACTION official has initiated termination 
proceedings because of the activities of an agency, that agency may 
participate in the hearing as a matter of right. Any other agency, 
person, or organization that wishes to participate in the hearing may, 
in accordance with Sec. 1206.1-7(d), request permission to do so from 
the presiding officer of the hearing. Such participation shall not, 
without the consent of ACTION and the recipient,

[[Page 26]]

alter the time limitations for the delivery of papers or other 
procedures set forth in this section.
    (f) The results of the proceeding and any measure taken thereafter 
by ACTION pursuant to this part shall be fully binding upon the 
recipient and all agencies whether or not they actually participated in 
the hearing.
    (g) A recipient may waive a hearing by notice to the responsible 
ACTION official in writing and submit written information and argument 
for the record. Such material shall be submitted to the responsible 
ACTION official within a reasonable period of time to be fixed by him 
upon the request of the recipient. The failure of a recipient to request 
a hearing, or to appear at a hearing for which a date has been set, 
unless excused for good cause, shall be deemed a waiver of the right to 
a hearing and consent to the making of a decision on the basis of such 
information as is then in the possession of ACTION.
    (h) The responsible ACTION official may attempt, either personally 
or through a representative, to resolve the issues in dispute by 
informal means prior to the date of any applicable hearing.