[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR110.35]



[Page 434]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 110_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

    Subpart D_Investigation, Conciliation, and Enforcement Procedures

 

Sec. 110.35  Compliance procedure.



    (a) ED may enforce the Act and these regulations under Sec. 

110.35(a) (1) or (2) through--

    (1) Termination of, or refusal to grant or continue, a recipient's 

Federal financial assistance from ED for a program or activity in which 

the recipient has violated the Act or these regulations. The 

determination of the recipient's violation may be made only after a 

recipient has had an opportunity for a hearing on the record before an 

administrative law judge.

    (2) Any other means authorized by law, including, but not limited 

to--

    (i) Referral to the Department of Justice for proceedings to enforce 

any rights of the United States or obligations of the recipient created 

by the Act or these regulations; or

    (ii) Use of any requirement of or referral to any Federal, State, or 

local government agency that will have the effect of correcting a 

violation of the Act or of these regulations.

    (b) ED limits any termination or refusal under Sec. 110.35(a)(1) to 

the particular recipient and to the particular program or activity ED 

finds in violation of the Act or these regulations. ED will not base any 

part of a termination on a finding with respect to any program or 

activity that does not receive Federal financial assistance from ED.

    (c) ED takes no action under paragraph (a) of this section until--

    (1) ED has advised the recipient of its failure to comply with the 

Act or with these regulations and has determined that voluntary 

compliance cannot be obtained; and

    (2) Thirty days have elapsed after the Secretary has sent a written 

report of the circumstances and grounds of the action to the committees 

of the Congress having legislative jurisdiction over the program or 

activity involved. The Secretary files a report if any action is taken 

under Sec. 110.35(a)(1).

    (d) The Secretary also may defer granting new Federal financial 

assistance from ED to a recipient if termination proceedings in Sec. 

110.35(a)(1) are initiated.

    (1) New Federal financial assistance from ED includes all assistance 

for which ED requires an application or approval, including renewal or 

continuation of existing activities, or authorization of new activities, 

during the deferral period. New Federal financial assistance from ED 

does not include increases in funding as a result of changed computation 

of formula awards or assistance approved prior to the initiation of 

termination proceedings.

    (2) ED does not begin a deferral until the recipient has received a 

notice of an opportunity for a hearing under Sec. 110.35(a)(1). A 

deferral may not continue for more than 60 days unless a hearing has 

begun within that time or the time for beginning the hearing has been 

extended by mutual consent of the recipient and ED. A deferral may not 

continue for more than 30 days after the close of the hearing, unless 

the hearing results in a finding against the recipient.



(Authority: 42 U.S.C. 6104)



[58 FR 40197, July 27, 1993, as amended at 65 FR 68057, Nov. 13, 2000]