[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: 45CFR1206.1-9]

[Page 29]
 
                        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. 1206.1-9  Right to counsel; travel expenses.

    In all proceedings under this subpart, whether formal or informal, 
the recipient and ACTION shall have the right to be represented by 
counsel or other authorized representatives. If the recipient and any 
agency which has a right to participate in an informal meeting pursuant 
to Sec. 1206.1-4 or a termination hearing pursuant to Sec. 1206.1-7 do 
not have an attorney acting in that capacity as a regular member of the 
staff of the organization or a retainer arrangement with an attorney, 
the Boards of Directors of such recipient and agency will be authorized 
to designate an attorney to represent their organizations at any such 
show cause proceeding or termination hearing and to transfer sufficient 
funds from the Federal grant monies they have received for the project 
to pay the fees, travel, and per diem expenses of such attorney. The 
fees for such attorney shall be the reasonable and customary fees for an 
attorney practicing in the locality of the attorney. However, such fees 
shall not exceed $100 per day without the prior express written approval 
of ACTION. Travel and per diem expenses may be paid to such attorney 
only in accordance with the policies set forth in the Standard 
Government Travel Regulations and in Secs. 1206.3-1 and 1206.3-6 of this 
chapter. The Boards of Directors of the recipient or any agency which 
has a right to participate in an informal meeting pursuant to 
Sec. 1206.1-4 or a termination hearing pursuant to Sec. 1206.1-7 will 
also be authorized to designate two persons in addition to an attorney 
whose travel and per diem expenses to attend the meeting or hearing may 
be paid from Federal grant or contract monies. Such travel and per diem 
expenses shall conform to the policies set forth in the Standard 
Government Travel Regulations and in Secs. 1206.3-1 and 1206.3-6 of this 
chapter.