[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: 24CFR6.12]



[Page 112]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 6_NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES RECEIVING ASSISTANCE 

UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974--Table 

of Contents

 

                          Subpart B_Enforcement

 

Sec.  6.12  Procedure for effecting compliance.



    (a) Whenever the Assistant Secretary determines that a Recipient of 

Federal financial assistance has failed to comply with Section 109(a) or 

this part and voluntary compliance efforts have failed, the Secretary 

will notify the Governor of the State or the Chief Executive Officer of 

the unit of general local government of the findings of noncompliance 

and will request that the Governor or the Chief Executive Officer secure 

compliance. If within a reasonable period of time, not to exceed 60 

days, the Governor or the Chief Executive Officer fails or refuses to 

secure compliance, the Secretary will:

    (1) Refer the matter to the Attorney General with a recommendation 

that an appropriate civil action be instituted;

    (2) Exercise the powers and functions provided by Title VI;

    (3) Terminate or reduce payments under Title I, or limit the 

availability of payments under Title I to programs or activities not 

affected by the failure to comply; or

    (4) Take such other actions as may be provided by law, including but 

not limited to, the initiation of proceedings under 24 CFR part 24 or 

any applicable proceeding under State or local law.

    (b) Termination, reduction, or limitation of the availability of 

Title I payments. No order terminating, reducing, or limiting the 

availability of Title I payments under this part shall become effective 

until:

    (1) The Secretary has notified the Governor of the State or the 

Chief Executive Officer of the unit of general local government of the 

Recipient's failure to comply in accordance with paragraph (a) of this 

section and of the termination, reduction or limitation of the 

availability of Title I payments to be taken;

    (2) The Secretary has determined that compliance cannot be secured 

by voluntary means;

    (3) The Recipient has been extended an opportunity for a hearing in 

accordance with Sec.  6.13(a); and

    (4) A final agency notice or decision has been rendered in 

accordance with paragraph (c) of this section or 24 CFR part 180.

    (c) If a Recipient does not respond to the notice of opportunity for 

a hearing or does not elect to proceed with a hearing within 20 days of 

the issuance of the Secretary's actions listed in paragraphs (b)(1), (2) 

and (3) of this section, then the Secretary's approval of the 

termination, reduction or limitation of the availability of Title I 

payments is considered a final agency notice and the Recipient may seek 

judicial review in accordance with section 111(c) of the Act.



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