[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR1.8]



[Page 12-13]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 1_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT_EFFECTUATION OF TITLE 

VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents

 

Sec.  1.8  Procedure for effecting compliance.



    (a) General. If there appears to be a failure or threatened failure 

to comply with this part 1, and if the noncompliance or threatened 

noncompliance cannot be corrected by informal means, compliance with 

this part 1 may be effected by the suspension or termination of or 

refusal to grant or to continue Federal financial assistance, or by any 

other means authorized by law. Such other means may include, but are not 

limited to: (1) A reference to the



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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 contractual undertaking, and (2) any applicable proceeding 

under State or local law.

    (b) Noncompliance with Sec.  1.5. If an applicant fails or refuses 

to furnish an assurance required under Sec.  1.5 or otherwise fails or 

refuses to comply with the requirement imposed by or pursuant to that 

section, Federal financial assistance may be refused in accordance with 

the procedures of paragraph (c) of this section. The Department shall 

not be required to provide assistance in such a case during the pendency 

of the administrative proceedings under such paragraph, except that the 

Department shall continue assistance during the pendency of such 

proceedings where such assistance is due and payable pursuant to a 

contract therefor approved prior to January 3, 1965.

    (c) Termination of or refusal to grant or to continue Federal 

financial assistance. No order suspending, terminating, or refusing to 

grant or continue Federal financial assistance shall become effective 

until (1) the responsible Department official has advised the applicant 

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

cannot be secured by voluntary means, (2) there has been an express 

finding 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 1, (3) the action has been approved by the 

Secretary, and (4) the expiration of 30 days after the Secretary has 

filed with the committees of the House and Senate having legislative 

jurisdiction over the program or activity involved a full written report 

of the circumstances and the grounds for such action. Any action to 

suspend or terminate or to refuse to grant or to continue Federal 

financial assistance shall be limited to the particular political 

entity, or part thereof, or other recipient as to whom such a finding 

has been made and shall be limited in its effect to the particular 

program, or part thereof, in which such noncompliance has been so found.

    (d) Other means authorized by law. No action to effect compliance by 

any other means authorized by law shall be taken until (1) the 

responsible Department official has determined that compliance cannot be 

secured by voluntary means, (2) the recipient or other person has been 

notified of its failure to comply and of the action to be taken to 

effect compliance, and (3) the expiration of at least 10 days from the 

mailing of such notice to the applicant or recipient. During this period 

of at least 10 days additional efforts shall be made to persuade the 

applicant or recipient to comply with this part 1 and to take such 

corrective action as may be appropriate.