[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

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

[CITE: 25CFR23.53]



[Page 114-115]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 23_INDIAN CHILD WELFARE ACT--Table of Contents

 

   Subpart E_General and Uniform Grant Administration Provisions and 

                              Requirements

 

Sec.  23.53  Cancellation.



    (a) The grants officer may cancel any grant, in whole or in part, at 

any time before the date of completion whenever it is determined that 

the grantee has:

    (1) Materially failed to comply with the terms and conditions of the 

grant;

    (2) Violated the rights as specified in Sec.  23.49 or endangered 

the health, safety, or welfare of any person; or

    (3) Been grossly negligent in, or has mismanaged the handling or use 

of funds provided under the grant.

    (b) When it appears that cancellation of the grant will become 

necessary, the grants officer shall promptly notify the grantee in 

writing of this possibility. This written notice shall advise the 

grantee of the reason for the possible cancellation and the corrective 

action necessary to avoid cancellation. The grants officer shall also 

offer, and shall provide, if requested by the grantee, any technical 

assistance which may be required to effect the corrective action. The 

grantee shall have 60 days in which to effect this corrective action 

before the grants officer provides notice of intent to cancel the grant 

as provided for in paragraph (c) of this section.

    (c) Upon deciding to cancel for cause, the grants officer shall 

promptly notify the grantee in writing of that decision, the reason for 

the cancellation, and the effective date. The Area Director or his/her 

designated official shall also provide a hearing for the grantee before 

cancellation. However, the grants officer may immediately cancel the 

grant, upon notice to the grantee, if the grants officer determines that 

continuance of the grant poses an immediate threat to safety. In this 

event, the Area Director or his/her designated official shall provide a 

hearing for the grantee within 10 days of the cancellation.

    (d) The hearing referred to in paragraph (c) of this section shall 

be conducted as follows:

    (1) The grantee affected shall be notified, in writing, at least 10 

days before the hearing. The notice should give the date, time, place, 

and purpose of the hearing.



[[Page 115]]



    (2) A written record of the hearing shall be made. The record shall 

include written statements submitted at the hearing or within five days 

following the hearing.