[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR27.125]

[Page 325]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 27_NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
                          Subpart C_Enforcement
 
Sec.  27.125  Compliance procedure.

    (a) General. If there is reasonable cause for the responsible 
Departmental official to believe that there is a failure to comply with 
any provision of this part that cannot be corrected by informal means, 
the responsible Departmental official may recommend suspension or 
termination of, or refusal to grant or to continue Federal financial 
assistance, or take any other steps authorized by law. Such other steps 
may include, but are not limited to:
    (1) A referral to the Department of Justice with a recommendation 
that appropriate proceedings be brought to enforce any rights of the 
United States under any law of the United States (including other titles 
of the Act), or any assurance or other contractural undertaking; and
    (2) Any applicable proceeding under State or local law.
    (b) Refusal of Federal financial assistance. (1) No order 
suspending, terminating, or refusing to grant or continue Federal 
financial assistance becomes effective until:
    (i) The responsible Departmental official has advised the applicant 
or recipient of its failure to comply and has determined that compliance 
cannot be secured by voluntary means; and
    (ii) There has been an express finding by the Secretary on the 
record, after opportunity for hearing, of a failure by the applicant or 
recipient to comply with a requirement imposed by or pursuant to this 
part.
    (2) Any action to suspend, terminate, or refuse to grant or to 
continue Federal financial assistance is limited to the particular 
recipient who has failed to comply, and is limited in its effect to the 
particular program or activity, or part thereof, in which noncompliance 
has been found.
    (c) Other means authorized by law. No other action is taken until:
    (1) The responsible Departmental official has determined that 
compliance cannot be secured by voluntary means;
    (2) The recipient or other person has been notified by the 
responsible Departmental official of its failure to comply and of the 
proposed action;
    (3) The expiration of at least 10 days from the mailing of such 
notice to the recipient or other person. During this period, additional 
efforts are made to persuade the recipient or other person to comply 
with the regulations and to take such corrective action as may be 
appropriate.

[44 FR 31468, May 31, 1979. Redesignated at 56 FR 45621, Sept. 6, 1991. 
68 FR 51391, Aug. 26, 2003]