[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR631.16]

[Page 261-262]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 631--PROGRAMS UNDER TITLE III OF THE JOB TRAINING PARTNERSHIP ACT--Table of Contents
 
 Subpart B--Additional Title III Administrative Standards and Procedures
 
Sec. 631.16  Complaints, investigations, and penalties.

    The provisions of this section apply in addition to the sanctions 
provisions in subpart G of part 627 of this chapter.
    (a) The Secretary shall investigate a complaint or report received 
from an aggrieved party or a public official which alleges that a State 
is not complying with the provisions of the State plan required under 
section 311(a) of the Act (section 311(e)(1)).
    (b) Where the Secretary determines that a State has failed to comply 
with its State plan, and that other remedies under the Act and part 627 
of this chapter are not available or are not adequate to achieve 
compliance, the Secretary may withhold an amount not to exceed 10 
percent of the allotment to the State for the program year in which the 
determination is made for each such violation (section 311(e)(2)(A)).
    (c) The Secretary will not impose the penalty provided for under 
paragraph (b) of this section until all other remedies under the Act and 
part 627 of this chapter for achieving compliance have been exhausted or 
are determined to be unavailable or inadequate to achieve State 
compliance with the terms of the State plan.
    (d) The Secretary will make no determination under this section 
until the

[[Page 262]]

affected State has been afforded adequate written notice and an 
opportunity to request and to receive a hearing before an administrative 
law judge pursuant to the provisions of subpart H of part 627 of this 
chapter (section 311(e)(2)(B)).