[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: 28CFR42.213]

[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.  42.213  Full hearing.

    (a) At any time after notification of noncompliance under Sec.  
42.208, but before the conclusion of the 120-day suspension period 
referred to in Sec.  42.210, a State government or unit of general local 
government may request a hearing on the record in accordance with 5 
U.S.C. 554 in order to contest the findings of determination of 
noncompliance made under Sec.  42.208. The Office shall initiate the 
hearing within 60 days of request.
    (b) Within 30 days after the conclusion of the hearing, or, in the 
absence of a hearing, at the conclusion of the 120-day period referred 
to in Sec.  42.210, the Director of OJARS shall make a finding of 
compliance or noncompliance.
    (1) If the Director makes a finding of noncompliance, the Director 
shall:
    (i) Notify the Attorney General in order that the Attorney General 
may institute a civil action under section 815(c)(3) of the JSIA;
    (ii) Cause to have terminated the payment of funds under the JSIA 
and/or the Juvenile Justice Act; and
    (iii) If appropriate, seek repayment of funds.
    (2) If the Director makes a finding of compliance, payment of the 
suspended funds and reconsideration of applications shall resume.