[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: 45CFR1206.1-5]



[Page 24-25]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1206_GRANTS AND CONTRACTS_SUSPENSION AND TERMINATION AND DENIAL 

OF APPLICATION FOR REFUNDING--Table of Contents

 

           Subpart A_Suspension and Termination of Assistance

 

Sec. 1206.1-5  Termination.



    (a) If the responsible Corporation official believes that an alleged 

failure to comply with any requirement stated in Sec. 1206.1-1 may be 

sufficiently serious to warrant termination of assistance, whether or 

not assistance has been suspended, he shall so notify the recipient by 

letter or telegram. The notice shall state that there appear to be 

grounds which warrant terminating the assistance and shall set forth the 

specific reasons therefore. If the reasons result in whole or 

substantial part from the activities of an agency other than the 

grantee, the notice shall identify that agency. The notice shall also 

advise the recipient that the matter has been set down for hearing at a 

stated time and place, in accordance with Sec. 1206.1-6. In the 

alternative the notice shall advise the recipient of its right to 

request a hearing and shall fix a period of time which shall not be less 

than 10 days in which the recipient may request such a hearing.

    (b) Termination hearings shall be conducted in accordance with the 

provision of Sec. Sec. 1206.1-7 and 1206.1-8. They shall be scheduled 

for the earliest practicable date, but not later than 30 days after a 

recipient has requested such a hearing in writing or by telegram. 

Consideration shall be given to a request by a recipient to advance or 

postpone the date of a hearing scheduled by the Corporation. Any such 

hearing shall afford the recipient a full and fair opportunity to 

demonstrate that it is in compliance with requirements specified in 

Sec. 1206.1-1. In any termination hearing, the Corporation shall have 

the burden of justifying the proposed termination action. However, if 

the basis



[[Page 25]]



of the proposed termination is the failure of a recipient to take action 

required by law, regulation, or other requirement specified in Sec. 

1206.1-1, the recipient shall have the burden of proving that such 

action was timely taken.

    (c) If a recipient requests the Corporation to hold a hearing in 

accordance with paragraph (a) of this section, it shall send a copy of 

its request for such a hearing to all agencies which would be 

financially affected by the termination of assistance and to each agency 

identified in the notice pursuant to paragraph (a) of this section. This 

material shall be sent to these agencies at the same time the 

recipient's request is made to the Corporation. The recipient shall 

promptly send to the Corporation a list of the agencies to which it has 

sent such material and the date on which it was sent.

    (d) If the responsible Corporation official pursuant to paragraph 

(a) of this section informs a recipient that a proposed termination 

action has been set for hearing, the recipient shall within 5 days of 

its receipt of this notice send a copy of it to all agencies which would 

be financially affected by the termination and to each agency identified 

in the notice pursuant to paragraph (a) of this section. The recipient 

shall send the responsible Corporation official a list of all agencies 

notified and the date of notification.

    (e) If the responsible Corporation official has initiated 

termination proceedings because of the activities of an agency, that 

agency may participate in the hearing as a matter of right. Any other 

agency, person, or organization that wishes to participate in the 

hearing may, in accordance with Sec. 1206.1-7(d), request permission to 

do so from the presiding officer of the hearing. Such participation 

shall not, without the consent of the Corporation and the recipient, 

alter the time limitations for the delivery of papers or other 

procedures set forth in this section.

    (f) The results of the proceeding and any subsequent measure taken 

by the Corporation pursuant to this part shall be fully binding upon the 

recipient and all agencies whether or not they actually participated in 

the hearing.

    (g) A recipient may waive a hearing by notice to the responsible 

Corporation official in writing and submit written information and 

argument for the record. Such material shall be submitted to the 

responsible Corporation official within a reasonable period of time to 

be fixed by him upon the request of the recipient. The failure of a 

recipient to request a hearing, or to appear at a hearing for which a 

date has been set, unless excused for good cause, shall be deemed a 

waiver of the right to a hearing and consent to the making of a decision 

on the basis of such information as is then in the possession of the 

Corporation.

    (h) The responsible Corporation official may attempt, either 

personally or through a representative, to resolve the issues in dispute 

by informal means prior to the date of any applicable hearing.