[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: 45CFR1607.6]



[Page 389]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1607_GOVERNING BODIES--Table of Contents

 

Sec. 1607.6  Waiver.



    (a) Upon application, the president shall waive the requirements of 

this part to permit a recipient that was funded under Sec. 222(a)(3) of 

the Economic Opportunity Act of 1964 and, on July 25, 1974, had a 

majority of persons who were not attorneys on its governing body, to 

continue such nonattorney majority.

    (b) Upon application, the president may waive any of the 

requirements of this part which are not mandated by applicable law if a 

recipient demonstrates that it cannot comply with them because of: (1) 

The nature of the population, legal community or area served; or (2) 

Special circumstances, including but not limited to, conflicting 

requirements of the recipient's other major funding source(s) or State 

law.

    (c) A recipient seeking a waiver under Sec. 1607.6(b)(1) shall 

demonstrate that it has made diligent efforts to comply with the 

requirements of this part.

    (d) As a condition of granting a waiver under Sec. 1607.6(b)(2) of 

any of the requirements imposed upon governing bodies by Sec. 1607.3, 

the president shall require that a recipient have a policy body with a 

membership composed and appointed in the manner prescribed by Sec. 

1607.3. Such policy body shall be subject to the meeting requirements of 

Sec. 1607.4(a) and its attorney members shall be subject to the 

restrictions on compensation contained in Sec. 1607.5. The policy body 

shall have such specific powers and responsibilities as the President 

determines are necessary to enable it to formulate and enforce policy 

with respect to the services provided under the recipient's LSC grant or 

contract.