[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR80.8]



[Page 304-305]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 80_NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE 

THROUGH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES EFFECTUATION OF TITLE 

VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents

 

Sec.  80.8  Procedure for effecting compliance.



    (a) General. If there appears to be a failure or threatened failure 

to comply with this regulation, and if the noncompliance or threatened 

noncompliance cannot be corrected by informal means, compliance with 

this part may be effected by the suspension or termination of or refusal 

to grant or to continue Federal financial assistance or by any other 

means authorized by law. Such other means may include, but are not 

limited to, (1) a reference to the Department of Justice with a 

recommendation that appropriate proceedings be brought to enforce any 

rights of the United States under any law of the United States 

(including other titles of the Act), or any assurance or other 

contractual undertaking, and (2) any applicable proceeding under State 

or local law.

    (b) Noncompliance with Sec.  80.4. If an applicant fails or refuses 

to furnish an assurance required under Sec.  80.4 or otherwise fails or 

refuses to comply with a requirement imposed by or pursuant to that 

section Federal financial assistance may be refused in accordance with 

the procedures of paragraph (c) of this section. The Department shall 

not be required to provide assistance in such a case during the pendency 

of the administrative proceedings under such paragraph except that the 

Department shall continue assistance during the pendency of such 

proceedings where such assistance is due and payable pursuant to an 

application therefor approved prior to the effective date of this part.

    (c) Termination of or refusal to grant or to continue Federal 

financial assistance. No order suspending, terminating or refusing to 

grant or continue Federal financial assistance shall become effective 

until (1) the responsible Department official has advised the applicant 

or recipient of his failure to comply and has determined that compliance 

cannot be secured by voluntary means, (2) there has been an express 

finding on the record, after opportunity for hearing, of a failure by 

the applicant or recipient to comply with a requirement imposed by or 

pursuant to this part, (3) the expiration of 30 days after the Secretary 

has filed with the committee of the House and the committee of the 

Senate having legislative jurisdiction over the program involved, a full 

written report of the circumstances and the grounds for such action. Any 

action to suspend or terminate or to refuse to grant or to continue 

Federal financial assistance shall be limited to the particular 

political entity, or part thereof, or other applicant or recipient as to 

whom such a finding has been made and shall be limited in its effect to 

the particular program, or part thereof, in



[[Page 305]]



which such noncompliance has been so found.

    (d) Other means authorized by law. No action to effect compliance by 

any other means authorized by law shall be taken until (1) the 

responsible Department official has determined that compliance cannot be 

secured by voluntary means, (2) the recipient or other person has been 

notified of its failure to comply and of the action to be taken to 

effect compliance, and (3) the expiration of at least 10 days from the 

mailing of such notice to the recipient or other person. During this 

period of at least 10 days additional efforts shall be made to persuade 

the recipient or other person to comply with the regulation and to take 

such corrective action as may be appropriate.



(Secs. 601, 602, Civil Rights Act of 1964, 78 Stat. 252 (42 U.S.C. 

2000d, 2000d-1; sec. 182, 80 Stat. 1209; (42 U.S.C. 2000d-5))



[29 FR 16298, Dec. 4, 1964, as amended at 32 FR 14556, Oct. 19, 1967; 38 

FR 17982, July 5, 1973]