[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1203.8]



[Page 16-17]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1203_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS_EFFECTUATION 

OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents

 

Sec. 1203.8  Procedure for effecting compliance.



    (a) General. (1) If there appears to be a failure or threatened 

failure to comply with this part, and if the noncompliance or threatened 

noncompliance cannot be corrected by informal means, compliance with 

this part may be effected by the suspension or termination of or refusal 

to grant or to continue Federal financial assistance or by other means 

authorized by law.

    (2) Other means may include, but are not limited to: (i) A reference 

to the Department of Justice with a recommendation that appropriate 

proceedings be brought to enforce the rights of the United States under 

a law of the United States (including other titles of the Civil Rights 

Act of 1964) or an assurance or other contractual undertaking, and

    (ii) An applicable proceeding under State or local law.

    (b) Noncompliance with Sec. 1203.5. If an applicant fails or 

refuses to furnish an assurance required under Sec. 1203.5 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. ACTION shall not 

be required to provide assistance in that case during the pendency of 

the administrative proceedings under this paragraph. Subject, however, 

to Sec. 1203.12, ACTION shall continue assistance during the pendency 

of the proceedings where the assistance is due and payable pursuant to 

an application approved prior to the effective date of this part.

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

financial assistance. An order suspending, terminating, or refusing to 

grant or to continue Federal financial assistance shall not become 

effective until--

    (1) ACTION has advised the applicant or recipient of his failure to 

comply and has determined that compliance cannot be secured by informal 

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 part;



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    (3) The action has been approved by the Director pursuant to Sec. 

1203.10(e); 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 the action.



An action to suspend or terminate or 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 a finding has been made and shall be limited in its effect to the 

particular program, or part thereof, in which the noncompliance has been 

so found.

    (d) Other means authorized by law. An action to effect compliance 

with title VI by other means authorized by law shall not be taken by 

ACTION until--

    (1) ACTION 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 10 days from the mailing of a notice 

to the recipient or 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 corrective action as 

may be appropriate.