[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1206.1-5]

[Page 24-25]
 
                        TITLE 45--PUBLIC WELFARE
 
       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
 
PART 1206_GRANTS AND CONTRACTS_SUSPENSION AND TERMINATION AND DENIAL OF 
 
           Subpart A_Suspension and Termination of Assistance
 
Sec.  1206.1-5  Termination.

    (a) If the responsible Corporation official believes that an alleged 
failure to comply with any requirement stated in Sec.  1206.1-1 may be 
sufficiently serious to warrant termination of assistance, whether or 
not assistance has been suspended, he shall so notify the recipient by 
letter or telegram. The notice shall state that there appear to be 
grounds which warrant terminating the assistance and shall set forth the 
specific reasons therefore. If the reasons result in whole or 
substantial part from the activities of an agency other than the 
grantee, the notice shall identify that agency. The notice shall also 
advise the recipient that the matter has been set down for hearing at a 
stated time and place, in accordance with Sec.  1206.1-6. In the 
alternative the notice shall advise the recipient of its right to 
request a hearing and shall fix a period of time which shall not be less 
than 10 days in which the recipient may request such a hearing.
    (b) Termination hearings shall be conducted in accordance with the 
provision of Sec. Sec.  1206.1-7 and 1206.1-8. They shall be scheduled 
for the earliest practicable date, but not later than 30 days after a 
recipient has requested such a hearing in writing or by telegram. 
Consideration shall be given to a request by a recipient to advance or 
postpone the date of a hearing scheduled by the Corporation. Any such 
hearing shall afford the recipient a full and fair opportunity to 
demonstrate that it is in compliance with requirements specified in 
Sec.  1206.1-1. In any termination hearing, the Corporation shall have 
the burden of justifying the proposed termination action. However, if 
the basis

[[Page 25]]

of the proposed termination is the failure of a recipient to take action 
required by law, regulation, or other requirement specified in Sec.  
1206.1-1, the recipient shall have the burden of proving that such 
action was timely taken.
    (c) If a recipient requests the Corporation to hold a hearing in 
accordance with paragraph (a) of this section, it shall send a copy of 
its request for such a hearing to all agencies which would be 
financially affected by the termination of assistance and to each agency 
identified in the notice pursuant to paragraph (a) of this section. This 
material shall be sent to these agencies at the same time the 
recipient's request is made to the Corporation. The recipient shall 
promptly send to the Corporation a list of the agencies to which it has 
sent such material and the date on which it was sent.
    (d) If the responsible Corporation official pursuant to paragraph 
(a) of this section informs a recipient that a proposed termination 
action has been set for hearing, the recipient shall within 5 days of 
its receipt of this notice send a copy of it to all agencies which would 
be financially affected by the termination and to each agency identified 
in the notice pursuant to paragraph (a) of this section. The recipient 
shall send the responsible Corporation official a list of all agencies 
notified and the date of notification.
    (e) If the responsible Corporation official has initiated 
termination proceedings because of the activities of an agency, that 
agency may participate in the hearing as a matter of right. Any other 
agency, person, or organization that wishes to participate in the 
hearing may, in accordance with Sec.  1206.1-7(d), request permission to 
do so from the presiding officer of the hearing. Such participation 
shall not, without the consent of the Corporation and the recipient, 
alter the time limitations for the delivery of papers or other 
procedures set forth in this section.
    (f) The results of the proceeding and any subsequent measure taken 
by the Corporation pursuant to this part shall be fully binding upon the 
recipient and all agencies whether or not they actually participated in 
the hearing.
    (g) A recipient may waive a hearing by notice to the responsible 
Corporation official in writing and submit written information and 
argument for the record. Such material shall be submitted to the 
responsible Corporation official within a reasonable period of time to 
be fixed by him upon the request of the recipient. The failure of a 
recipient to request a hearing, or to appear at a hearing for which a 
date has been set, unless excused for good cause, shall be deemed a 
waiver of the right to a hearing and consent to the making of a decision 
on the basis of such information as is then in the possession of the 
Corporation.
    (h) The responsible Corporation official may attempt, either 
personally or through a representative, to resolve the issues in dispute 
by informal means prior to the date of any applicable hearing.