[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 49CFR27.125]



[Page 353]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 27_NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                          Subpart C_Enforcement

 

Sec. 27.125  Compliance procedure.



    (a) General. If there is reasonable cause for the responsible 

Departmental official to believe that there is a failure to comply with 

any provision of this part that cannot be corrected by informal means, 

the responsible Departmental official may recommend suspension or 

termination of, or refusal to grant or to continue Federal financial 

assistance, or take any other steps authorized by law. Such other steps 

may include, but are not limited to:

    (1) A referral to the Department of Justice with a recommendation 

that appropriate proceedings be brought to enforce any rights of the 

United States under any law of the United States (including other titles 

of the Act), or any assurance or other contractural undertaking; and

    (2) Any applicable proceeding under State or local law.

    (b) Refusal of Federal financial assistance. (1) No order 

suspending, terminating, or refusing to grant or continue Federal 

financial assistance becomes effective until:

    (i) The responsible Departmental official has advised the applicant 

or recipient of its failure to comply and has determined that compliance 

cannot be secured by voluntary means; and

    (ii) There has been an express finding by the Secretary on the 

record, after opportunity for hearing, of a failure by the applicant or 

recipient to comply with a requirement imposed by or pursuant to this 

part.

    (2) Any action to suspend, terminate, or refuse to grant or to 

continue Federal financial assistance is limited to the particular 

recipient who has failed to comply, and is limited in its effect to the 

particular program or activity, or part thereof, in which noncompliance 

has been found.

    (c) Other means authorized by law. No other action is taken until:

    (1) The responsible Departmental official has determined that 

compliance cannot be secured by voluntary means;

    (2) The recipient or other person has been notified by the 

responsible Departmental official of its failure to comply and of the 

proposed action;

    (3) The expiration of at least 10 days from the mailing of such 

notice to the recipient or other person. During this period, additional 

efforts are made to persuade the recipient or other person to comply 

with the regulations and to take such corrective action as may be 

appropriate.



[44 FR 31468, May 31, 1979. Redesignated at 56 FR 45621, Sept. 6, 1991. 

68 FR 51391, Aug. 26, 2003]