(a) Sanctions; judicial enforcement. If, following issuance of a
Final Determination pursuant to Sec. 34.46, or a Notification of Breach
of Conciliation Agreement pursuant to Sec. 34.48, compliance has not
been achieved, the Secretary may:
(1) After opportunity for a hearing, suspend, terminate, deny or
discontinue the Federal financial assistance under JTPA, in whole or in
part;
(2) Refer the matter to the Attorney General with a recommendation
that an appropriate civil action be instituted; or
(3) Take such action as may be provided by law.
(b) Deferral of new grants. When termination proceedings under
Sec. 34.51 have been initiated, the Department may defer action on
applications for new financial assistance under JTPA until a Final
Decision under Sec. 34.52 has been rendered. Deferral is not appropriate
when financial assistance under JTPA is due and payable under a
previously approved application.
(1) New Federal financial assistance under JTPA includes all
assistance for which an application or approval, including renewal or
continuation of existing activities, or authorization of new activities,
is required during the deferral period.
(2) New Federal financial assistance under JTPA does not include
assistance approved prior to the beginning of termination proceedings or
increases in funding as a result of changed computations of formula
awards.
