[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: 45CFR1206.1-9]



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                        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. 1206.1-9  Right to counsel; travel expenses.



    In all formal or informal proceedings under this subpart, the 

recipient and the Corporation shall have the right to be represented by 

counsel or other authorized representatives. If the recipient and any 

agency which has a right to participate in an informal meeting pursuant 

to Sec. 1206.1-4 or a termination hearing pursuant to Sec. 1206.1-7 do 

not have an attorney acting in that capacity as a regular member of the 

staff of the organization or a retainer arrangement with an attorney, 

the Boards of Directors of such recipient and agency will be authorized 

to designate an attorney to represent their organizations at any such 

show cause proceeding or termination hearing and to transfer sufficient 

funds from the Federal grant monies they have received for the project 

to pay the fees, travel, and per diem expenses of such attorney. The 

fees for such attorney shall be the reasonable and customary fees for an 

attorney practicing in the locality of the attorney. However, such fees 

shall not exceed $100 per day without the prior express written approval 

of the Corporation. Travel and per diem expenses may be paid to such 

attorney only in accordance with the policies set forth in the federal 

government travel regulations. The Boards of Directors of the recipient 

or any agency which has a right to participate in an informal meeting 

pursuant to Sec. 1206.1-4 or a termination hearing pursuant to Sec. 

1206.1-7 will also be authorized to designate two persons in addition to 

an attorney whose travel and per diem expenses to attend the meeting or 

hearing may be paid from Federal grant or contract monies. Such travel 

and per diem expenses shall conform to the policies set forth in the 

federal government travel regulations.



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