(a) State Programs. (1) Violations at State-office level. Where the
Director has determined that a violation of the nondiscrimination and
equal opportunity provisions of JTPA or this part has occurred at the
State-office level, he or she shall notify the Governor through the
issuance of a Letter of Findings, Notice to Show Cause or Initial
Determination, as appropriate, pursuant to Secs. 34.40, 34.41 or 34.43
respectively. The Director may secure compliance with the
nondiscrimination and equal opportunity provisions of JTPA and this part
through, among other means, the execution of a written
assurance and/or Conciliation Agreement, pursuant to paragraph (d) of
this section.
(2) Violations below State-office level. Where the Director has
determined that a violation of the nondiscrimination and equal
opportunity provisions of JTPA or this part has occurred below the
State-office level, the Director shall so notify the Governor and the
violating recipient(s) through the issuance of a Letter of Findings,
Notice to Show Cause or Initial Determination, as appropriate, pursuant
to Secs. 34.40, 34.41 or 34.43 respectively.
(i) Such issuance shall: (A) Direct the Governor to initiate
negotiations immediately with the violating recipient(s) to secure
compliance by voluntary means;
(B) Direct the Governor to complete such negotiations within 30 days
of the Governor's receipt of the Notice to Show Cause or within 45 days
of the Governor's receipt of the Letter of Findings or Initial
Determination, as applicable. The Director reserves the right to enter
into negotiations with the recipient at any time during the period. For
good cause shown, the Director may approve an extension of time to
secure voluntary compliance. The total time allotted to secure voluntary
compliance shall not exceed 60 days.
(C) Include a determination as to whether compliance should be
achieved by: Immediate correction of the violation(s) and written
assurance that such violations have been corrected, pursuant to
paragraph (d)(1) of this section; entering into a written Conciliation
Agreement pursuant to paragraph (d)(2) of this section; or both.
(ii) If the Governor determines, at any time during the period
described in paragraph (a)(2)(i)(B), that a recipient's compliance
cannot be achieved by voluntary means, the Governor shall so notify the
Director.
(iii) If the Governor is able to secure voluntary compliance
pursuant to paragraph (a)(2)(i) of this section, he or she shall submit
to the Director for approval, as applicable: written assurance that the
required action has been taken, as described in paragraph (d)(1) of this
section; and/or a copy of the Conciliation Agreement, as described in
paragraph (d)(2) of this section.
(iv) The Director may disapprove any written assurance or
Conciliation Agreement submitted for approval pursuant to paragraph
(a)(2)(iii) of this section that fails to satisfy each of the applicable
requirements provided in paragraph (d) of this section.
(b) National Programs. Where the Director has determined that a
violation of the nondiscrimination and equal opportunity provisions of
JTPA or this part has occurred in a National Program, he or she shall
notify the National Program recipient by issuing a Letter of Findings,
Notice to Show Cause or Initial Determination, as appropriate, pursuant
to Secs. 34.40, 34.41 or 34.43 respectively. The Director may secure
compliance with the nondiscrimination and equal opportunity provisions
of JTPA and this part through, among other means, the execution of a
written assurance and/or Conciliation Agreement pursuant to paragraph
(d) of this section, as applicable.
(c) Written assurance; Conciliation Agreement. (1) Written
assurance. A written assurance developed pursuant to this section must
provide documentation that the violations listed in the Letter of
Findings, Notice to Show Cause or Initial Determination, as applicable,
have been corrected.
(2) Conciliation Agreement. A Conciliation Agreement developed
pursuant to this section must:
(i) Be in writing;
(ii) Address each cited violation;
(iii) Specify the corrective or remedial action to be taken within a
stated period of time to come into compliance;
(iv) Provide for periodic reporting, as determined by the Director,
on the status of the corrective and remedial action;
(v) Provide that the violation(s) will not recur; and
(vi) Provide for enforcement for a breach of the agreement.
