[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1203.10]



[Page 18-19]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1203_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS_EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents

 

Sec.  1203.10  Decisions and notices.



    (a) Procedure on decisions by hearing examiner. If the hearing is 

held by a hearing examiner, the hearing examiner shall either make an 

initial decision, if so authorized, or certify the entire record 

including his recommended findings and proposed decision to the Director 

for a final decision, and a copy of the initial decision or 

certification shall be mailed to the applicant or recipient. When the 

initial decision is made by the hearing examiner, the applicant or 

recipient may, within 30 days after the mailing of a notice of initial 

decision, file with the Director his exceptions to the initial decision, 

with his reasons therefor. In the absence of exceptions, the Director 

may, on his own motion, within 45 days after the initial decision, serve 

on the applicant or recipient a notice that he will review the decision. 

On the filing of the exceptions or of notice of review, the Director 

shall review the initial decision and issue his own decision thereon 

including the reasons therefor. In the absence of either exceptions or a 

notice of review the initial decision, subject to paragraph (e) of this 

section, shall constitute the final decision of the Director.

    (b) Decisions on record or review by the Director. When a record is 

certified to the Director for decision or the Director reviews the 

decision of a hearing examiner pursuant to paragraph (a) of this 

section, or when the Director conducts the hearing, the applicant or 

recipient shall be given reasonable opportunity to file with it briefs 

or other written statements of the recipient's contentions, and a 

written copy of the final decision of the Director will be sent to the 

applicant or recipient and to the complainant, if any.

    (c) Decisions on record where a hearing is waived. When a hearing is 

waived pursuant to Sec.  1203.9, a decision shall be made by ACTION on 

the record and a written copy of the decision shall be sent to the 

applicant or recipient, and to the complainant, if any.

    (d) Rulings required. Each decision of a hearing examiner or the 

Director shall set forth a ruling on each finding, conclusion, or 

exception presented, and shall identify the requirement or requirements 

imposed by or pursuant to this part with which it is found that the 

applicant or recipient has failed to comply.

    (e) Approval by ACTION. A final decision by an official of ACTION 

other than by the Director, which provides for the suspension or 

termination of, or the refusal to grant or continue Federal financial 

assistance, or the imposition of any other sanction available under this 

part or title VI, shall



[[Page 19]]



promptly be transmitted to the Director, who may approve the decision, 

vacate it, or remit or mitigate a sanction imposed.

    (f) Content of orders. The final decision may provide for suspension 

or termination of, or refusal to grant or continue Federal financial 

assistance, in whole or in part, to which this regulation applies, and 

may contain the terms, conditions, and other provisions as are 

consistent with and will effectuate the purposes of title VI and this 

part, including provisions designed to assure that Federal financial 

assistance to which this regulation applies will not thereafter be 

extended to the applicant or recipient determined by the decision to be 

in default in its performance of an assurance given by it under this 

part, or to have otherwise failed to comply with this part, unless and 

until it corrects its noncompliance and satisfies ACTION that it will 

fully comply with this part.

    (g) Post-termination proceedings. (1) An applicant or recipient 

adversely affected by an order issued under paragraph (f) of this 

section shall be restored to full eligibility to receive Federal 

financial assistance if it satisfies the terms and conditions of the 

order for eligibility, or if it brings itself into compliance with this 

part and provides reasonable assurance that it will fully comply with 

this part.

    (2) An applicant or recipient adversely affected by an order entered 

pursuant to paragraph (f) of this section may at any time request ACTION 

to restore fully its eligibility to receive Federal financial 

assistance. A request shall be supported by information showing that the 

applicant or recipient has met the requirements of paragraph (g)(1) of 

this section. If ACTION determines that those requirements have been 

satisfied, it shall restore the eligibility.

    (3) If ACTION denies a request, the applicant or recipient may 

submit a request for a hearing in writing, specifying why it believes 

ACTION is in error. The applicant or recipient shall be given an 

expeditious hearing, with a decision on the record in accordance with 

the rules or procedures issued by ACTION. The applicant or recipient 

shall be restored to eligibility if it proves at the hearing that it 

satisfied the requirements of paragraph (g)(1) of this section. While 

proceedings under this paragraph are pending, the sanctions imposed by 

the order issued under paragraph (f) of this section remain in effect.



[39 FR 27322, July 26, 1974, as amended at 68 FR 51387, Aug. 26, 2003]