[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: 45CFR90.47]



[Page 430-431]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 90_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

    Subpart D_Investigation, Conciliation and Enforcement Procedures

 

Sec.  90.47  What further provisions must an agency make in order to 

enforce its regulations after an investigation indicates that a violation 

of the Act has been committed?



    (a) Each agency shall provide for enforcement of its regulations 

through:

    (1) Termination of a recipient's Federal financial assistance under 

the program or activity involved where the recipient has violated the 

Act or the agency's regulations. The determination of the recipient's 

violation may be made only after a recipient has had an opportunity for 

a hearing on the record before an administrative law judge.

    (2) Any other means authorized by law including but not limited to:

    (i) Referral to the Department of Justice for proceedings to enforce 

any rights of the United States or obligations of the recipient created 

by the Act or the agency's regulations.

    (ii) Use of any requirement of or referral to any Federal, State, or 

local government agency which will have the effect of correcting a 

violation of the Act or implementing regulations.

    (b) Any termination under paragraph (a)(1) shall be limited to the 

particular recipient and particular program or activity receiving 

Federal financial assistance or portion thereof found to be in violation 

of the Act or agency regulations. No termination shall be based in whole 

or in part on a finding with respect to any program or activity which 

does not receive Federal financial assistance.

    (c) No action under paragraph (a) of this section may be taken 

until:

    (1) The head of the agency involved has advised the recipient of its 

failure to comply with the Act or the agency's regulations and has 

determined that voluntary compliance cannot be obtained.

    (2) Thirty days have elapsed after the head of the agency involved 

has sent a written report of the circumstances and grounds of the action 

to the committees of the Congress having legislative jurisdiction over 

the program or activity involved. A report shall be filed whenever any 

action is taken under paragraph (a) of this section.

    (d) An agency may defer granting new Federal financial assistance to 

a



[[Page 431]]



recipient when termination proceedings under paragraph (a)(1) of this 

section are initiated.

    (1) New Federal financial assistance includes all assistance 

administered by or through the agency for which an application or 

approval, including renewal or continuation of existing activities, or 

authorization of new activities, is required during the deferral period. 

New Federal financial assistance does not include assistance approved 

prior to the beginning of termination proceedings or to increases in 

funding as a result of changed computation of formula awards.

    (2) A deferral may not begin until the recipient has received a 

notice of opportunity for a hearing under paragraph (a)(1). A deferral 

may not continue for more than 60 days unless a hearing has begun within 

that time or the time for beginning the hearing has been extended by 

mutual consent of the recipient and the agency. A deferral may not 

continue for more than 30 days after the close of the hearing, unless 

the hearing results in a finding against the recipient.



[44 FR 33776, June 12, 1979, as amended at 70 FR 24322, May 9, 2005]