[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: 45CFR1606.3]



[Page 383]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1606_TERMINATION AND DEBARMENT PROCEDURES; RECOMPETITION--Table 

of Contents

 

Sec. 1606.3  Grounds for a termination.



    (a) A grant or contract may be terminated when:

    (1) There has been a substantial violation by the recipient of a 

provision of the LSC Act, the Corporation's appropriations act or other 

law applicable to LSC funds, or Corporation rule, regulation, guideline 

or instruction, or a term or condition of the recipient's grant or 

contract, and the violation occurred less than 5 years prior to the date 

the recipient receives notice of the violation pursuant to Sec. 

1606.6(a); or

    (2) There has been a substantial failure by the recipient to provide 

high quality, economical, and effective legal assistance, as measured by 

generally accepted professional standards, the provisions of the LSC 

Act, or a rule, regulation, including 45 CFR 1634.9(a)(2), or guidance 

issued by the Corporation.

    (b) A determination of whether there has been a substantial 

violation for the purposes of paragraph (a)(1) of this section will be 

based on consideration of the following criteria:

    (1) The number of restrictions or requirements violated;

    (2) Whether the violation represents an instance of noncompliance 

with a substantive statutory or regulatory restriction or requirement, 

rather than an instance of noncompliance with a non-substantive 

technical or procedural requirement;

    (3) The extent to which the violation is part of a pattern of 

noncompliance with LSC requirements or restrictions;

    (4) The extent to which the recipient failed to take action to cure 

the violation when it became aware of the violation; and

    (5) Whether the violation was knowing and willful.