[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: 24CFR8.57]



[Page 154-155]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 8_NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED PROGRAMS 

AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--Table 

of Contents

 

                          Subpart D_Enforcement

 

Sec.  8.57  Procedure for effecting compliance.



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

to comply with this part and if the noncompliance or threatened 

noncompliance cannot be corrected by informal means, compliance with 

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

to grant or to continue Federal financial assistance, or by other means 

authorized by law. Such other means 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, or any assurance or 

other contractual undertaking;

    (2) The initiation of debarment proceedings pursuant to part 24 of 

this title; and

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

    (b) Noncompliance with Sec.  8.50. If an applicant or a recipient of 

assistance under a contract which is extended or amended on or after 

July 11, 1988, fails or refuses to furnish an assurance required under 

Sec.  8.50 or otherwise fails or



[[Page 155]]



refuses to comply with the requirements imposed by that section, Federal 

financial assistance may be refused under paragraph (c) of this section. 

The Department is not required to provide assistance during the pendency 

of the administrative proceeding under such paragraph (c), except where 

the assistance is due and payable under a contract approved before July 

11, 1988.

    (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 civil rights official has advised the applicant 

or recipient of its 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 under this part;

    (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 applicant or 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) Notice to State or local government. Whenever the Secretary 

determines that a State or unit of general local government which is a 

recipient of Federal financial assistance under title I of the Housing 

and Community Development Act of 1974, as amended (42 U.S.C. 5301-5318) 

has failed to comply with a requirement of this part with respect to a 

program or activity funded in whole or in part with such assistance, the 

Secretary shall notify the Governor of the State or the chief executive 

officer of the unit of general local government of the noncompliance and 

shall request the Governor or the chief executive officer to secure 

compliance. The notice shall be given at least sixty days before:

    (1) An order suspending, terminating, or refusing to grant or 

continue Federal financial assistance becomes effective under paragraph 

(c) of this section; or

    (2) Any action to effect compliance by any other means authorized by 

law is taken under paragraph (a) of this section.

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

any other means authorized by law shall be taken until:

    (1) The responsible civil rights 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) At least 10 days have elapsed since the mailing of such notice 

to the applicant or recipient. During this period, additional efforts 

shall be made to persuade the applicant or recipient to comply with this 

part and to take such corrective action as may be appropriate.



However, this paragraph shall not be construed to prevent an award 

official from utilizing appropriate procedures and sanctions established 

under the program to assure or secure compliance with a specific 

requirement of the program designed to effectuate the objectives of this 

part.



[53 FR 20233, June 2, 1988; 53 FR 28115, July 26, 1988]