[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

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

[CITE: 41CFR101-6.213-7]



[Page 43]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-6_MISCELLANEOUS REGULATIONS--Table of Contents

 

    Subpart 101-6.2_Nondiscrimination in Programs Receiving Federal 

                          Financial Assistance

 

Sec. 101-6.213-7  Post termination proceedings.



    (a) An applicant or recipient adversely affected by an order issued 

under Sec. 101-6.213-6 shall be restored to full eligibility to receive 

Federal financial assistance if it satisfies the terms and conditions of 

that order for such eligibility or if it brings itself into compliance 

with this subpart and provides reasonable assurance that it will fully 

comply with this subpart. An elementary or secondary school or school 

system which is unable to file an assurance of compliance with Sec. 

101-6.24 shall be restored to full eligibility to receive financial 

assistance if it files a court order or a plan for desegregation meeting 

the requirements of Sec. 101-6.205-3 and provides reasonable assurance 

that it will comply with this court order or plan.

    (b) Any applicant or recipient adversely affected by an order 

entered pursuant to Sec. 101-6.213-6 may at any time request the 

responsible GSA official to restore fully its eligibility to receive 

Federal financial assistance. Any such request shall be supported by 

information showing that the applicant or recipient has met the 

requirements of paragraph (a) of this section. If the responsible GSA 

official determines that those requirements have been satisfied, he 

shall restore such eligibility.

    (c) If the responsible GSA official denies any such request, the 

applicant or recipient may submit a request, in writing, for a hearing, 

specifying why it believes such official to have been in error. It shall 

thereupon be given an expeditious hearing, with a decision on the 

record, in accordance with rules of procedure issued by the responsible 

GSA official. The applicant or recipient will be restored to such 

eligibility if it proves at such a hearing that it satisfied the 

requirements of paragraph (a) of this section. While proceedings under 

this section are pending, the sanctions imposed by the order issued 

under Sec. 101-6.213-6 shall remain in effect.



[38 FR 17975, July 5, 1973]