[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR617.12]



[Page 144-145]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 617_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM NSF--Table of Contents

 

Sec. 617.12  Compliance procedure.



    (a) NSF may enforce this part by either termination of a recipient's 

financial asistance from NSF for the program or activity involved where 

the recipient has violated the Act or this part or refusal to grant 

further financial assistance under the program or activity involved 

where the recipient has violated the Act or this part. The determination 

of the recipient's violation may be made only after a recipient has had 

an opportunity for a hearing on the record before an administrative law 

judge. Therefore, cases settled in the mediation process or before a 

hearing will not involve termination of a recipient's Federal financial 

assistance from NSF.

    (b) NSF may also enforce this part by any other means authorized by 

law, including but not limited to:

    (1) Referral to the Department of Justice for proceedings to enforce 

any rights of the United States or obligations by this part.

    (2) Use of any requirement of or referral to any Federal, State, or 

local government agency that will have the effect of correcting a 

violation of the Act or this part.

    (c) NSF will limit any termination or refusal to grant further 

financial assistance to the particular recipient and the particular 

program or activity found to be in violation of the Act. NSF will not 

base any part of a termination or refusal on a finding with respect to 

any program or activity of the recipient which does not receive Federal 

financial assistance for NSF.

    (d) NSF will not begin any hearing under paragraph (a) until the 

Director has advised the recipient of its failure to comply with this 

part and has determined that voluntary compliance cannot be obtained.

    (e) NSF will not terminate or refuse to grant financial assistance 

until thirty days have elapsed after the Director has sent a written 

report of the circumstances and grounds of the action to the committees 

of the Congress having legislative jurisdiction over the



[[Page 145]]



program or activity involved. The Director will file a report whenever 

any action is taken under paragraph (f) of this section.

    (f) Alternate Funds Disbursal Procedures. (1) When NSF withholds 

funds from a recipient under these regulations, the Secretary may 

disburse the withheld funds directly to an alternate recipient: Any 

public or non-profit private organization or agency, or State or 

political subdivision of the State.

    (2) The Director will require any alternate recipient to 

demonstrate:

    (i) The ability to comply with these regulations; and

    (ii) The ability to achieve the goals of the Federal statute 

authorizing the Federal financial assistance.



[49 FR 49628, Dec. 21, 1984, as amended at 68 FR 51383, Aug. 26, 2003]