(a) General. If there appears to be a failure or threatened failure
to comply with this part, and if the noncompliance or threatened
noncompliance cannot be corrected by informal means, compliance with
this part may be effected by the suspension or termination of or refusal
to grant or to continue Federal financial assistance, or by any other
means authorized by law. Such other means may include, but are not
limited to,
(1) A reference to the Department of Justice with a recommendation
that appropriate proceedings be brought to enforce any rights of the
United States under any law of the United States (including other titles
of the Act), or any assurance or other contractual undertaking, and
(2) Any applicable proceeding under State or local law.
(b) Termination of or refusal to grant or to continue Federal
financial assistance. No order suspending, terminating, or refusing to
grant or continue Federal financial assistance shall become effective
until:
(1) The Secretary has advised the applicant or recipient of his
failure to comply and has determined that compliance cannot be secured
by voluntary means,
(2) There has been an express finding on the record, after
opportunity for hearing, of a failure by the applicant or recipient to
comply with a requirement imposed by or pursuant to this part,
(3) The action has been approved by the Secretary, and
(4) The expiration of 30 days after the Secretary has filed with the
committee of the House and the committee of the Senate having
legislative jurisdiction over the program involved, a full written
report of the circumstances and the grounds for such action. Any action
to suspend or terminate or to refuse to grant or to continue Federal
financial assistance shall be limited to the particular political
entity, or part thereof, or other applicant or recipient as to whom such
a finding has been made and shall be limited in its effect to the
particular program, or part thereof, in which such noncompliance has
been so found.
(c) Other means authorized by law. No action to effect compliance by
any other means authorized by law shall be taken until:
(1) The Secretary has determined that compliance cannot be secured
by voluntary means,
(2) The action has been approved by the Secretary,
(3) The recipient or other person has been notified of its failure
to comply and of the action to be taken to effect compliance, and
(4) The expiration of at least 10 days from the mailing of such
notice to the recipient or other person. During this period of at least
10 days additional efforts shall be made to persuade the recipient or
other person to comply with
this part and to take such corrective action as may be appropriate.
[29 FR 16284, Dec. 4, 1964. Redesignated at 38 FR 17958, July 5, 1973]
