[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15.8]

[Page 364]
 
                          TITLE 7--AGRICULTURE
 
PART 15_NONDISCRIMINATION--Table of Contents
 
   Subpart A_Nondiscrimination in Federally-Assisted Programs of the 
 Department of Agriculture_Effectuation of Title VI of the Civil Rights 
                               Act of 1964
 
Sec. 15.8  Procedure for effecting compliance.

    (a) General. If there appears to be a failure or threatened failure 
to comply with the regulations in this part, and if the noncompliance or 
threatened noncompliance cannot be corrected by informal means, 
compliance with the regulations in this part may be effected by the 
suspension or termination of or refusal to grant or to continue Federal 
financial assistance, upon a finding, in accordance with the procedure 
hereinafter prescribed, or by any other means authorized by law. Such 
other means may include, but are not limited to, (1) a reference 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 contractual undertaking, and (2) any applicable proceeding 
under State or local law.
    (b) Noncompliance with Sec. 15.4. If an applicant fails or refuses 
to furnish an assurance required under Sec. 15.4 or otherwise fails or 
refuses to comply with the requirements imposed by or pursuant to that 
section, Federal financial assistance may be refused in accordance with 
the procedures of paragraph (c) of this section. The Department shall 
not be required to provide assistance in such a case during the pendency 
of the administrative proceedings under such paragraph, except that the 
Department shall continue assistance during the pendency of such 
proceedings where such assistance is due and payable pursuant to an 
application therefor approved prior to the effective date of the 
regulations in this part.
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. No order suspending, terminating, or refusing to 
grant or to continue Federal financial assistance shall become effective 
until (1) the Agency has advised the applicant or recipient of his 
failure to comply and has determined that compliance cannot be secured 
by voluntary means, (2) there has been an express finding on the record, 
after opportunity for hearing, of a failure by the applicant or 
recipient to comply with the requirement imposed by or pursuant to the 
regulations in this part, (3) the action has been approved by the 
Secretary pursuant to Sec. 15.10(e), and (4) the expiration of 30 days 
after the Secretary has filed with the committee of the House and the 
committee of the Senate, having legislative jurisdiction over the 
program involved, a full written report of the circumstances and the 
grounds for such action. Any action to suspend or terminate or to refuse 
to grant or to continue Federal financial assistance shall be limited to 
the particular political entity, or part thereof, or other applicant or 
recipient as to whom such a finding has been made and shall be limited 
in its effect to the particular program, or part thereof, in which such 
noncompliance has been so found.
    (d) Other means authorized by law. No action to effect compliance by 
any other means authorized by law shall be taken until (1) the Secretary 
has determined that compliance cannot be secured by voluntary means, (2) 
the recipient or other person has been notified of its failure to comply 
and of the action to be taken to effect compliance, and (3) the 
expiration of at least ten days from the mailing of such notice to the 
recipient or other person. During this period of at least ten days, 
additional efforts shall be made to persuade the recipient or other 
person to comply with the regulations in this part and to take such 
corrective action as may be appropriate.

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