[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 44CFR7.12]



[Page 69-70]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 7_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

--Table of Contents

 

      Subpart A_Nondiscrimination in FEMA-Assisted Programs_General

 

Sec. 7.12  Procedure for effecting compliance.



    (a) General. If there appears to be a failure or threatened failure 

to comply with this regulation, and if the noncompliance or threatened 

noncompliance cannot be corrected by informal means, compliance with 

this regulation may be effected by the suspension or termination of or 

refusal to grant or to continue Federal financial assistance 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 section 7. If an applicant fails or refuses 

to furnish an assurance required under section 7 or otherwise fails or 

refuses to comply with a requirement 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 agency shall not be 

required to provide assistance in such a case during the pendency of the 

administrative proceedings under such paragraph except that the agency 

shall continue assistance during the pendency of such proceedings where 

such assistance is due and payable pursuant to an application thereof 

approved prior to the effective date of this regulation.

    (c) Termination of or refusal to grant or to continue Federal 

financial assistance. No order suspending, terminating or



[[Page 70]]



refusing to grant or continue Federal financial assistance shall become 

effective until (1) the responsible agency official 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 a requirement 

imposed by or pursuant to this regulation, (3) the action has been 

approved by the Director of the Federal Emergency Management Agency 

pursuant to section 14, and (4) the expiration of 30 days after the 

Director 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 

responsible agency official has determined that compliance cannot be 

secured by voluntary means, (2) the action has been approved by the 

Director of the Federal Emergency Management Agency, (3) the recipient 

or other person has been notified of its failure to comply and of the 

action to be taken to effect compliance, and (4) the expiration of at 

least 10 days from the mailing of such notice to the recipient or other 

person. During this period of at least 10 days additional efforts shall 

be made to persuade the recipient or other person to comply with the 

regulation and to take such corrective action as may be appropriate.