[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1252.405]



[Page 245]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1252_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of 

Contents

 

 Subpart 1252.4_Investigation, Conciliation, and Enforcement Procedures

 

Sec. 1252.405  Compliance procedure.



    (a) NASA may enforce the Act and these regulations through:

    (1) Termination of a recipient's Federal financial assistance from 

NASA under the program or activity involved where the recipient has 

violated the Act or these regulations. The determination of the 

recipient's violation may be made only after a recipient has had an 

opportunity for a hearing on the record before an administrative law 

judge. Therefore, cases which are settled in mediation, or prior to a 

hearing, will not involve termination of a recipient's Federal financial 

assistance from NASA.

    (2) Any other means authorized by law including but not limited to:

    (i) Referral to the Department of Justice for proceedings to enforce 

any rights of the United States or obligations of the recipient created 

by the Act or these regulations.

    (ii) Use of any requirement of or referral to any Federal, State, or 

local government agency that will have the effect of correcting a 

violation of the Act or these regulations.

    (b) NASA will limit any termination under Sec. 1252.405(a)(1) to 

the particular program or activity NASA finds in violations of these 

regulations. NASA will not base any part of a termination on a finding 

with respect to any program or activity of the recipient which does not 

receive Federal financial assistance from NASA.

    (c) NASA will take no action under paragraph (a) until:

    (1) The Administrator has advised the recipient of its failure to 

comply with the Act and these regulations and has determined that 

voluntary compliance cannot be obtained.

    (2) 30 days have elapsed after the Administrator has sent a written 

report of the circumstances and grounds of the action to the committees 

of Congress having legislative jurisdiction over the program or activity 

involved. The Administrator will file a report whenever any action is 

taken under paragraph (a) of this section.

    (d) NASA also may defer granting new Federal financial assistance 

from NASA to a recipient when a hearing under Sec. 1252.405(a)(1) is 

initiated.

    (1) New Federal financial assistance from NASA includes all 

assistance for which NASA requires an application or approval, including 

renewal or continuation of existing activities during the deferral 

period. New Federal financial assistance from NASA does not include 

assistance approved prior to the beginning of a hearing under Sec. 

1252.405(a)(1).

    (2) NASA will not begin a deferral until the recipient has received 

a notice of an opportunity for a hearing under Sec. 1252.405(a)(1). 

NASA will not continue a deferral for more than 60 days unless a hearing 

has begun within that time or the time for beginning the hearing has 

been extended by mutual consent of the recipient and the Administrator. 

NASA will not continue a deferral for more than 30 days after the close 

of the hearing, unless the hearing results in a finding against the 

recipient.



[50 FR 13311, Apr. 4, 1985, as amended at 68 FR 51352, Aug. 26, 2003]