(a) The Director shall conclude that compliance cannot be secured
through informal means when:
(1) The grant applicant or recipient fails or refuses to correct the
violation(s) within the applicable time period established by the Letter
of Findings, Notice to Show Cause or Initial Determination; or
(2) The Director has not approved an extension of time in which to
secure voluntary compliance, pursuant to Sec. 34.45(a)(2)(i)(B), and:
(i) Has not received notification pursuant to Sec. 34.45(a)(2)(iii)
that voluntary compliance has been achieved; or
(ii) Has disapproved a written assurance or Conciliation Agreement,
pursuant to Sec. 34.45(a)(2)(iv); or
(iii) Has received notice from the Governor, pursuant to
Sec. 34.44(a)(2)(ii), that voluntary compliance cannot be achieved.
(b) Upon so concluding, the Director may:
(1) Issue a Final Determination which shall:
(i) Specify the efforts made to achieve voluntary compliance and
indicate that those efforts have been unsuccessful;
(ii) Identify those matters upon which the Directorate and the grant
applicant or recipient continue to disagree;
(iii) List any modifications to the findings of fact or conclusions
set forth in the Initial Determination, Notice to Show Cause or Letter
of Findings;
(iv) Determine the liability of the grant applicant or recipient, as
applicable, and establish the extent of the liability, as appropriate;
(v) Describe the corrective or remedial action that must be taken
for the grant applicant or recipient to come into compliance;
(vi) Indicate that the failure of the grant applicant or recipient
to come into compliance within 10 days of the receipt of the Final
Determination may result, after opportunity for a hearing, in the
termination or denial of the grant, or discontinuation of assistance, as
appropriate, or in referral to the Department of Justice with a request
to file suit;
(vii) Advise the grant applicant or recipient of the right to
request a hearing, and reference the applicable procedures at
Sec. 34.51; and
(viii) Determine the Governor's liability, if any, in accordance
with the provisions of Sec. 34.32; or
(2) Refer the matter to the Attorney General with a recommendation
that an appropriate civil action be instituted; or
(3) Take such other action as may be provided by law.
