[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR42.211]

[Page 807]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents
 
       Subpart D_Nondiscrimination in Federally Assisted Programs_
 Implementation of Section 815(c)(1) of the Justice System Improvement 
                               Act of 1979
 
Sec.  42.211  Resumption of suspended funds.

    (a) Payment of suspended funds made available under the JSIA or the 
Juvenile Justice Act shall resume only if--
    (1) Such State government or unit of general local government enters 
into a compliance agreement signed by the Director of OJARS in 
accordance with Sec.  42.209;
    (2) Such State government or unit of general local government:
    (i) Complies fully with the final order or judgment of a Federal or 
State court, if that order or judgement covers all matters raised by the 
Director of OJARS in the notice pursuant to Sec.  42.208, or
    (ii) Is found to be in compliance with section 815(c)(1) of the JSIA 
by such court;
    (3) After a hearing, the Director of OJARS, pursuant to Sec.  
42.213, finds that noncompliance has not been demonstrated; or
    (4) An administrative law judge has determined, under Sec.  42.212, 
that it is likely that the State government or unit of local government 
will prevail on the merits.
    (b) Full compliance with a court order, for the purposes of 
paragraph (2) of this section, includes the securing of an agreement to 
comply over a period of time, particularly in complex cases or where 
compliance would require an extended period of time for implementation.