[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR74.61]



[Page 126-127]

 

                           TITLE 34--EDUCATION

 

PART 74_ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF 

HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS--Table 

of Contents

 

                    Subpart C_Post-Award Requirements

 

Sec.  74.61  Termination.



    (a) Awards may be terminated in whole or in part only--

    (1) By the Secretary, if a recipient materially fails to comply with 

the terms and conditions of an award;

    (2) By the Secretary with the consent of the recipient, in which 

case the two parties shall agree upon the termination conditions, 

including the effective date and, in the case of partial termination, 

the portion to be terminated.

    (3) By the recipient, upon sending to the Secretary written 

notification containing the reasons for the termination, the effective 

date, and, in the case of partial termination, the portion to be 

terminated. However, if the Secretary determines in the case of partial 

termination that the reduced or modified portion of the grant will not 

accomplish the purposes for which the grant was made, it may terminate 

the grant in its entirety under either paragraph (a)(1) or (2) of this 

section.

    (b) If costs are allowed under an award, the responsibilities of the 

recipient referred to in Sec.  74.71(a), including those for property 

management as



[[Page 127]]



applicable, shall be considered in the termination of the award, and 

provision shall be made for continuing responsibilities of the recipient 

after termination, as appropriate.



(Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110)