[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: 45CFR91.46]



[Page 438]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 91_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM HHS--Table of Contents

 

    Subpart D_Investigation, Conciliation, and Enforcement Procedures

 

Sec.  91.46  Compliance procedure.



    (a) HHS may enforce the Act and these regulations through:

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

HHS under the program or activity involved where the recipient has 

violated the Act or these 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 these regulations.

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

local government agency that will have the effect of correcting a 

violation of the Act or these regulations.

    (b) HHS will limit any termination under Sec.  91.46(a)(1) to the 

particular recipient and particular program or activity or part of such 

program or activity HHS finds in violation of these regulations. HHS 

will not base any part of a termination on a finding with respect to any 

program or activity of the recipient which does not receive Federal 

financial assistance from HHS.

    (c) HHS will take no action under paragraph (a) until:

    (1) The Secretary has advised the recipient of its failure to comply 

with the Act and these regulations and has determined that voluntary 

compliance cannot be obtained.

    (2) Thirty days have elapsed after the Secretary 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. The Secretary will file a report whenever any action 

is taken under paragraph (a).

    (d) HHS also may defer granting new Federal financial assistance 

from HHS to a recipient when a hearing under Sec.  91.46(a)(1) is 

initiated.

    (1) New Federal financial assistance from HHS includes all 

assistance for which HHS requires an application or approval, including 

renewal or continuation of existing activities, or authorization of new 

activities, during the deferral period. New Federal financial assistance 

from HHS does not include increases in funding as a result of changed 

computation of formula awards or assistance approved prior to the 

beginning of a hearing under Sec.  91.46(a)(1).

    (2) HHS will not begin a deferral until the recipient has received a 

notice of an opportunity for a hearing under Sec.  91.46(a)(1). HHS will 

not continue a deferral 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 Secretary. HHS will not 

continue a deferral for more than 30 days after the close of the 

hearing, unless the hearing results in a finding against the recipient.

    (3) HHS will limit any deferral to the particular recipient and 

particular program or activity or part of such program or activity HHS 

finds in violation of these regulations. HHS will not base any part of a 

deferral on a finding with respect to any program or activity of the 

recipient which does not, and would not in connection with the new 

funds, receive Federal financial assistance from HHS.



[47 FR 57858, Dec. 28, 1982, as amended at 70 FR 24322, May 9, 2005]



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