[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: 41CFR101-8.720]



[Page 64-65]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-8_NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL 

ASSISTANCE--Table of Contents

 

      Subpart 101-8.7_Discrimination Prohibited on the Basis of Age

 

Sec. 101-8.720  Compliance procedure.



    (a) GSA may enforce the Act and these regulations through:

    (1) Termination of a recipient's Federal financial assistance from 

GSA under the program or activity involved where the recipient has 

violated the Act or this regulation. 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 proceeding to enforce 

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

by the Act or this regulation, or

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

local government agency that has the effect of correcting a violation of 

the Act or this regulation.

    (b) GSA limits any termination to the particular recipient and 

program or activity or part of such program or activity GSA finds in 

violation of this regulation. GSA does not base any part of a 

termination on a finding with respect to any program or activity of the 

recipient that does not receive Federal financial assistance from GSA.

    (c) GSA takes no action under paragraph (a) until:

    (1) The administrator advises the recipient of its failure to comply 

with the Act and this regulation and determines that voluntary 

compliance cannot be obtained, and

    (2) 30 calendar days elapse after the Administrator sends a written 

report of the grounds of the action to the committees of Congress having 

legislative jurisdiction over the program or activity involved. The 

Administrator files a report if any action is taken under paragraph (a) 

of this section .

    (d) GSA may also defer granting new Federal financial assistance 

from GSA to a recipient when a hearing under Sec. 101-8.721 is 

initiated.

    (1) New Federal financial assistance from GSA includes all 

assistance for which GSA 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 GSA does not include assistance approved before the beginning of a 

hearing.

    (2) GSA does not begin a deferral until the recipient receives 

notice of an opportunity for a hearing under Sec. 101-8.721. GSA does 

not continue a deferral



[[Page 65]]



for more than 60 calendar days unless a hearing begins within that time 

or the time for beginning the hearing is extended by mutual consent of 

the recipient and the Administrator. GSA does not continue a deferral 

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

the hearing results in a finding against the recipient.

    (3) GSA limits any deferral to the particular recipient and program 

or activity or part of such program or activity GSA finds in violation 

of these regulations. GSA does not base any part of a deferral on a 

finding with respect to any program or activity of the recipient which 

does not, and would not, receive Federal financial assistance from GSA.