[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: 28CFR42.212]

[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.  42.212  Preliminary hearing.

    (a) Prior to the suspension of funds under Sec.  42.210(a), but 
within the 90-day period after notification under Sec.  42.208, the 
State government or unit of local government may request an expedited 
preliminary hearing on the record in accordance with 5 U.S.C. 554 in 
order to determine whether it is likely that the State government or 
unit of local government would, at a full hearing under Sec.  42.213, 
prevail on the merits on the issue of the alleged noncompliance.
    (b) The preliminary hearing shall be initiated within 30 days of 
request. The ALJ shall make his finding within 15 days after the 
conclusion of the preliminary hearing.