[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: 45CFR1606.3]

[Page 383]
 
                        TITLE 45--PUBLIC WELFARE
 
                 CHAPTER XVI--LEGAL SERVICES CORPORATION
 
PART 1606_TERMINATION AND DEBARMENT PROCEDURES; RECOMPETITION--Table of 
 
Sec.  1606.3  Grounds for a termination.

    (a) A grant or contract may be terminated when:
    (1) There has been a substantial violation by the recipient of a 
provision of the LSC Act, the Corporation's appropriations act or other 
law applicable to LSC funds, or Corporation rule, regulation, guideline 
or instruction, or a term or condition of the recipient's grant or 
contract, and the violation occurred less than 5 years prior to the date 
the recipient receives notice of the violation pursuant to Sec.  
1606.6(a); or
    (2) There has been a substantial failure by the recipient to provide 
high quality, economical, and effective legal assistance, as measured by 
generally accepted professional standards, the provisions of the LSC 
Act, or a rule, regulation, including 45 CFR 1634.9(a)(2), or guidance 
issued by the Corporation.
    (b) A determination of whether there has been a substantial 
violation for the purposes of paragraph (a)(1) of this section will be 
based on consideration of the following criteria:
    (1) The number of restrictions or requirements violated;
    (2) Whether the violation represents an instance of noncompliance 
with a substantive statutory or regulatory restriction or requirement, 
rather than an instance of noncompliance with a non-substantive 
technical or procedural requirement;
    (3) The extent to which the violation is part of a pattern of 
noncompliance with LSC requirements or restrictions;
    (4) The extent to which the recipient failed to take action to cure 
the violation when it became aware of the violation; and
    (5) Whether the violation was knowing and willful.