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29 CFR 31
TITLE 29--LABOR
PART 31--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
OF THE DEPARTMENT OF LABOR-- EFFECTUATION OF TITLE VI OF
THE CIVIL RIGHTS ACT OF 1964
Sec.
31.1 Purpose.
31.2 Definitions.
31.3 General standards.
31.4 [Reserved]
31.5 Compliance information.
31.6 Assurances required.
31.7 Conduct of investigations.
31.8 Procedure for effecting compliance.
31.9 Hearings.
31.10 Decisions and notices.
31.11 Judicial review.
31.12 Effect on other regulations; supervision and coordination.
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 501, 29 U.S.C. 49k, 5
U.S.C. 301.
Source: 29 FR 16284, Dec. 4, 1964, unless otherwise noted.
Sec. 31.1 Purpose.
The purpose of this part is to effectuate the provisions of title VI
of the Civil Rights Act of 1964 to the end that no person in the United
States shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity
receiving Federal financial assistance from the Department of Labor.
Sec. 31.2 Definitions.
For purposes of this part:
(a) The term Act means the Civil Rights Act of 1964 (78 Stat. 241).
(b) The term applicant means one who submits an application,
request, or plan required to be approved by the Secretary, or by a
primary recipient, as a condition to eligibility for Federal financial
assistance, and the term application means such application, request, or
plan.
(c) The term Department means the Department of Labor and includes
each of its operating agencies and other organizational units.
(d) The term facility includes all or any portion of structures,
equipment, or other real or personal property or interests therein, and
the provision of facilities includes the construction, expansion,
renovation, remodeling, alteration or acquisition of facilities.
(e) The term Federal financial assistance includes:
(1) Grants and loans of Federal funds,
(2) The grant or donation of Federal property and interests in
property,
(3) The detail of Federal personnel,
(4) The sale and lease of, and the permission to use (on other than
a casual or transient basis), Federal property or any interest in such
property without consideration or at a nominal consideration, or at a
consideration which is reduced for the purpose of assisting the
recipient, or in recognition of the public interest to be served by such
sale or lease to the recipient, and
(5) Any Federal agreement, arrangement, or other contract which has
as one of its purposes the provision of assistance.
[[Page 319]]
(f) The term primary recipient means any recipient which is
authorized or required to extend Federal financial assistance to another
recipient for the purpose of carrying out a program.
(g) The term program includes any program, project or activity for
the provision of services, financial aid, or other benefits to
individuals (including education or training, health, welfare,
rehabilitation, or other services, whether provided through employees of
the recipient of Federal financial assistance or provided by others
through contracts or other arrangements with the recipient, and
including work opportunities and cash or loan or other assistance to
individuals), or for the provision of facilities for furnishing
services, financial aid or other benefits to individuals. The services,
financial aid, or other benefits provided under a program receiving
Federal financial assistance shall be deemed to include any services,
financial aid, or other benefits provided with the aid of Federal
financial assistance or with the aid of any non-Federal funds, property,
or other resources required to be expended or made available for the
program to meet matching requirements or other conditions which must be
met in order to receive the Federal financial assistance, and to include
any services, financial aid, or other benefits provided in or through a
facility provided with the aid of Federal financial assistance or such
non-Federal resources.
(h) The term recipient means any State, political subdivision of any
State, or instrumentality of any State or political subdivision, any
public or private agency, institution, or organization, or any other
entity, or any individual in any State, to whom Federal financial
assistance is extended, directly or through another recipient, for any
program, including any successor, assign, or transferee thereof, but
such term does not include any ultimate beneficiary under any such
program.
(i) The term Secretary means the Secretary of Labor or any person
specifically designated by him to perform any function provided for
under this part, except that only the Secretary personally or a hearing
examiner shall conduct hearings under Sec. 31.10.
(j) The term United States means the States of the United States,
the District of Columbia, Puerto Rico, the Virgin Islands, American
Samoa, Guam, Wake Island, the Canal Zone, and the territories and
possessions of the United States, and the term State means any one of
the foregoing.
Sec. 31.3 General standards.
(a) General. No person in the United States shall, on the grounds of
race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under, any
program or activity receiving Federal financial assistance from the
Department of Labor.
(b) Specific discriminatory actions prohibited. (1) A recipient
under any program to which this regulation applies may not, directly or
through contractual or other arrangements, on the ground of race, color,
or national origin:
(i) Deny an individual any service, financial aid, or other benefit
provided under the program;
(ii) Provide any service, financial aid, or other benefit to an
individual which is different, or is provided in a different manner,
from that provided to others under the program;
(iii) Subject an individual to segregation or separate treatment in
any matter related to his receipt of any service, financial aid, or
other benefit under the program;
(iv) Restrict an individual in any way in the enjoyment of any
advantage or privilege enjoyed by others receiving any service,
financial aid, or other benefit under the program;
(v) Treat an individual differently from others in determining
whether he satisfies any admission, enrollment, quota, eligibility,
membership or other requirement or condition which individuals must meet
in order to be provided any service, financial aid, or other benefit
provided under the program;
(vi) Deny an individual an opportunity to participate in the program
through the provision of services or otherwise or afford him an
opportunity to do so which is different from that afforded others under
the program, or
[[Page 320]]
(vii) Deny an individual an opportunity to participate in a program
as an employee where a primary objective of the Federal financial
assistance is to provide employment.
(viii) Deny a person the opportunity to participate as a member of a
planning or advisory body which is an integral part of the program.
(2) A recipient, in determining the types of services, financial
aid, or other benefits, or facilities which will be provided under any
such program, or the class of individuals to whom, or the situations in
which, such services, financial aid, other benefits, or facilities will
be provided under any such program or the class of individuals to be
afforded an opportunity to participate in any such program, may not,
directly or through contractual or other arrangements, utilize criteria
or methods of administration which have the effect of subjecting
individuals to discrimination because of race, color or national origin,
or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program as respects individuals
of a particular race, color, or national origin.
(3) In determining the site or location of facilities, a recipient
or applicant may not make selections with the purpose or effect of
excluding individuals from, denying them the benefits of, or subjecting
them to discrimination under any program to which this regulation
applies, on the ground of race, color or national origin; or with the
purpose or effect of defeating or substantially impairing the
accomplishment of the objectives of the Act or this regulation.
(4) As used in this section the services, financial aid, or other
benefit provided under a program receiving Federal financial assistance
shall be deemed to include any service, financial aid, or other benefit
provided in or through a facility provided with the aid of Federal
financial assistance.
(5) The enumeration of specific forms of prohibited discrimination
in this paragraph does not limit the generality of the prohibition in
paragraph (a).
(6)(i) In administering a program regarding which the recipient has
previously discriminated against persons on the ground of race, color,
or national origin, the recipient must take affirmative action to
overcome the effects of prior discrimination.
(ii) Even in the absence of such prior discrimination, a recipient
in administering a program shall take affirmative action to overcome the
effects of conditions which resulted in limiting participation by
persons of a particular race, color or national origin.
(7) The following will illustrate the application of the provisions
of the foregoing paragraph to programs for which Federal financial
assistance is furnished by this Department:
(i) In some situations even though past discriminatory practices
have been abandoned, the consequences of such practices continue to
impede the full availability of a benefit. If the efforts required of
the applicant or recipient under Sec. 31.5(d) to provide information as
to the availability of the program or activity, and the rights of
beneficiaries under this regulation, have failed to overcome these
consequences, it will become necessary for such applicant or recipient
to take additional steps to make the benefits fully available to racial
and nationality groups previously subjected to discrimination. This
action might take the form, for example, of special arrangements for
obtaining referrals or making selections which will insure that groups
previously subjected to discrimination are adequately served.
(ii) Even though an applicant or recipient has never used
discriminatory policies, the services and benefits of the program or
activity it administers may not in fact be equally available to some
racial or nationality groups. In some circumstances an applicant or
recipient may properly give special consideration to race, color, or
national origin to make the benefits of its program more widely
available to such groups not then being adequately served. For example,
where an employment service office is not adequately serving members of
a particular racial or nationality group, it may establish special
recruitment policies to make its program better known and more readily
available to such group, and take other steps to provide that group with
more adequate service.
[[Page 321]]
(c) Employment practices. (1) Where a primary objective of the
Federal financial assistance to a program to which this regulation
applies is to provide employment, a recipient may not (directly or
through contractual or other arrangements) subject an individual to
discrimination on the ground of race, color, or national origin in its
employment practices under such program including recruitment,
examination, appointment, training, promotion, retention or any other
personnel action.
(2) Where a primary objective of the Federal financial assistance is
not to provide employment, but discrimination on the ground of race,
color, or national origin in the employment practices of the recipient
or other persons subject to the regulation tends, on the ground of race,
color or national origin, to exclude individuals from participation in,
to deny them the benefits of, or to subject them to discrimination under
any program to which this regulation applies, the provision of the
foregoing paragraph shall apply to the employment practices of the
recipient to the extent necessary to assure equality of opportunity to,
and nondiscriminatory treatment of, beneficiaries. Accordingly, the
employment practices of recipients under programs enumerated in
Secs. 31.3(d)(2) and 31.3(d)(3) are subject to the provisions of this
paragraph (c) to the extent necessary to assure equality of opportunity
to, and nondiscriminatory treatment of, the beneficiaries of the Federal
financial assistance. Any action taken by the Department pursuant to
this provision with respect to a State or local agency subject to the
Standards for a Merit System of Personnel Administration, 45 CFR part
70, shall be consistent with those standards and shall be coordinated
with the United States Civil Service Commission.
(3) The requirements applicable to construction employment under any
program for which Federal financial assistance is furnished by this
Department shall be those specified in or pursuant to part III of
Executive Order 11246 or any Executive order which supersedes it.
(d) In order that all parties may have a clear understanding of the
applicability of the regulations in this part to their activities, there
are listed in this section programs and activities together with
illustrations by way of example only, of types of activity covered by
the regulations in this part. These illustrations and examples, however,
are not intended to be all inclusive. The fact that a particular program
is not listed does not, of course, indicate that it is not covered by
the regulations in this part. Moreover, the examples set forth with
respect to any particular listed program are not limited to that program
alone and the prohibited actions described may also be prohibited in
other programs or activities whether or not listed below.
(1) Employment service programs. (i) The registration, counseling,
testing, recruitment, selection and referral of individuals for job
openings or training opportunities and all other activities performed by
or through employment service offices financed in whole or in part from
Federal funds, including the establishment and maintenance of physical
facilities, shall be conducted without regard to race, color, or
national origin.
(ii) No selection or referral of any individual for employment or
training shall be made on the basis of any job order or request
containing discriminatory specifications with regard to race, color, or
national origin.
(2) Manpower Development and Training Act, work-incentive under
Social Security Act, Area Redevelopment Act, work-training under
Economic Opportunity Act and other Government-sponsored training. (i)
The registration, counseling, testing, guidance, selection, referral or
training of any individual including employment as an enrollee under
title I-B of the Economic Opportunity Act shall be furnished without
discrimination because of race, color, or national origin.
(ii) The recruitment, examination, appointment, training, promotion,
retention, or any other personnel action with respect to any trainee or
enrollee under the Manpower Development and Training Act, Area
Redevelopment Act, or the Economic Opportunity Act while the individual
is receiving training or employment shall be without regard to race,
color or national origin.
[[Page 322]]
(3) State and Federal Unemployment Insurance Programs; allowances
under Trade Readjustment Assistance Programs, Manpower Development and
Training Act, and Area Redevelopment Act. (i) The filing for,
adjudication and payment of benefits, establishment and maintenance of
physical facilities and other application of the laws shall be without
regard to race, color or national origin.
[29 FR 16284, Dec. 4, 1964, as amended at 38 FR 17957, July 5, 1973]
Sec. 31.4 [Reserved]
Sec. 31.5 Compliance information.
(a) Cooperation and assistance. The Secretary shall to the fullest
extent practicable seek the cooperation of recipients in obtaining
compliance with this part and shall provide assistance and guidance to
recipients to help them comply voluntarily with this part.
(b) Compliance reports. Each recipient shall keep such records and
submit to the Secretary timely, complete and accurate compliance reports
at such times, and in such form and containing such information, as the
Secretary may determine to be necessary to enable him to ascertain
whether the recipient has complied or is complying with this part. In
general, recipients should have available for the department racial and
ethnic data showing the extent to which members of minority groups are
beneficiaries of federally assisted programs. In the case of any program
under which a primary recipient extends Federal financial assistance to
any other recipient, such other recipient shall also submit such
compliance reports to the primary recipient as may be necessary to
enable the primary recipient to carry out its obligations under this
part.
(c) Access to sources of information. Each recipient shall permit
access by the Secretary during normal business hours to such of its
books, records, accounts, and other sources of information, and its
facilities as may be pertinent to ascertain compliance with this part.
Where any information required of a recipient is in the exclusive
possession of any other agency, institution or person and this agency,
institution or person shall fail or refuse to furnish this information,
the recipient shall so certify in its report and shall set forth what
efforts it has made to obtain the information.
(d) Information to beneficiaries and participants. Each recipient
shall make available to participants, beneficiaries, and other
interested persons such information regarding the provisions of this
part and its applicability to the program under which the recipient
receives Federal financial assistance, and make such information
available to them in such manner, as the Secretary finds necessary to
apprise such persons of the protections against discrimination assured
them by the Act and this part.
[29 FR 16284, Dec. 4, 1964. Redesignated and amended at 38 FR 17956,
July 5, 1973]
Sec. 31.6 Assurances required.
(a) General. (1) Every application for Federal financial assistance
to carry out a program to which this part applies, and every contract,
subcontact, agreement or arrangement to carry out such program except a
program to which paragraph (b) of this section applies, and every
application for Federal financial assistance to provide a facility, and
every contract, subcontract, agreement or arrangement to provide such a
facility shall as a condition to its approval and the extension of any
Federal financial assistance pursuant to the application, contract,
subcontract, agreement or arrangement contain or be accompanied by an
assurance that the program will be conducted or the facility operated in
compliance with all requirements imposed by or pursuant to this part.
Every program of Federal financial assistance shall require the
submission of such an assurance. In the case where the Federal financial
assistance is to provide or is in the form of personal property, or real
property or interest therein or structures thereon, the assurance shall
obligate the recipient, or, in the case of a subsequent transfer, the
transferee, for the period during which the property is used for a
purpose for which the Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits,
or for as long as the recipient retains ownership or possession of the
[[Page 323]]
property, whichever is longer. In all cases the assurance shall obligate
the recipient for the period during which Federal financial assistance
is extended to the program. In the case where the assistance is sought
for the construction of a facility or part of a facility, the assurance
shall in any event extend to the entire facility and to facilities
operated in connection therewith. The Secretary shall specify the form
of the foregoing assurances for each program, and the extent to which
like assurances will be required of subgrantees, contractors and
subcontractors, transferees, successors in interest, and other
participants in this program. Any such assurance shall include
provisions which give the United States a right to seek its judicial
enforcement.
(2) In the case where Federal assistance is provided in the form of
a transfer of real property, structures, or improvements thereon, or
interest therein, from the Federal Government, the instrument effecting
or recording the transfer shall contain a covenant running with the land
assuring nondiscrimination for the period during which the real property
is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar
services or benefits. Where no transfer of property or interest therein
from the Federal Government is involved, but property is acquired under
a program of Federal financial assistance, the recipient shall agree to
include such covenant in any subsequent transfer of such property. When
the property is obtained from the Federal Government, such covenant may
also include a condition coupled with a right to be reserved by the
Department to revert title to the property in the event of a breach of
the covenant where, in the discretion of the Secretary, such a condition
and right of reverter is appropriate to the program under which the real
property is obtained and to the nature of the grant and the grantee. In
such event if a transferee of real property proposes to mortgage or
otherwise encumber the real property as security for financing
construction of new, or improvement of existing facilities on such
property for the purpose for which the property was transferred, the
Secretary may agree, upon request of the transferee and if necessary to
accomplish such financing and upon such conditions as he deems
appropriate, to subordinate such rights of reversion to the sum of such
mortgage or other encumbrance.
(b) Continuing State programs. Every application by a State or a
State agency to carry out a program involving continuing federal
financial assistance to which this part applies shall as a condition to
its approval and the extension of any Federal financial assistance
pursuant to the application
(1) Contain or be accompanied by a statement that the program is
(or, in the case of a new program, will be) conducted in compliance with
all requirements imposed by or pursuant to this part, and
(2) Provide or be accompanied by provision for such methods of
administration for the program as are found by the Secretary to give
reasonable guarantee that the applicant and all recipients of Federal
financial assistance under such program will comply with all
requirements imposed by or pursuant to this part.
[38 FR 17957, July 5, 1973]
Sec. 31.7 Conduct of investigations.
(a) Periodic compliance reviews. The Secretary shall from time to
time review the practices of recipients to determine whether they are
complying with this part.
(b) Complaints. Any person who believes himself or any specific
class of individuals to be subjected to discrmination prohibited by this
part may by himself or by a representative file with the Secretary a
written complaint. A complaint must be filed not later than 180 days
from the date of the alleged discrimination, unless the time for filing
is extended by the Secretary.
(c) Investigations. The Secretary will make a prompt investigation
whenever a compliance review, report, complaint, or any other
information indicates a possible failure to comply with this part. The
investigation should include, where appropriate, a review of the
pertinent practices and policies of the recipient, the circumstances
under which the possible noncompliance with
[[Page 324]]
this part occurred, and other factors relevant to a determination as to
whether the recipient has failed to comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) indicates a failure to comply with this part, the
Secretary will so inform the recipient and the matter will be resolved
by informal means whenever possible. If it has been determined that the
matter cannot be resolved by informal means, action will be taken as
provided for in Sec. 31.8.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) the Secretary will so inform the recipient and the
complainant, if any, in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or
other person shall intimidate, threaten, coerce or discriminate against
any individual for the purpose of interfering with any right or
privilege secured by section 601 of the Act or this part, or because he
has made a complaint, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under this part. The
identity of complainant shall be kept confidential except to the extent
necessary to carry out the purposes of this part, including the conduct
of any investigation, hearing, or judicial proceeding arising
thereunder.
[29 FR 16284, Dec. 4, 1964. Redesignated and amended at 38 FR 17958,
July 5, 1973]
Sec. 31.8 Procedure for effecting compliance.
(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
[[Page 325]]
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]
Sec. 31.9 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required by Sec. 31.8(b), reasonable notice shall be given by
registered or certified mail, return receipt requested, to the affected
applicant or recipient. This notice shall advise the applicant or
recipient of the action proposed to be taken, the specific provision
under which the proposed action against it is to be taken, and the
matters of fact or law asserted as the basis for this action, and either
(1) Fix a date not less than 20 days after the date of such notice
within which the applicant or recipient may request of the Secretary
that the matter be scheduled for hearing, or
(2) Advise the applicant or recipient that the matter in question
has been set down for hearing at a stated place and time. The time and
place so fixed shall be reasonable and shall be subject to change for
cause. The complainant, if any, shall be advised of the time and place
of the hearing. An applicant or recipient may waive a hearing and submit
written information and argument for the record. The failure of an
applicant or recipient to request a hearing under this section or to
appear at a hearing under this section or to appear at a hearing for
which a date has been set shall be deemed to be a waiver of the right to
a hearing under section 602 of the Act and Sec. 31.8(b) of this part and
consent to the making of a decision on the basis of such information as
is available.
(b) Time and place of hearing. Hearings shall be held at the offices
of the Department in Washington, DC, at a time fixed by the Secretary
unless he determines that the convenience of the applicant or recipient
or of the Department requires that another place be selected. Hearings
shall be held before the Secretary or before a hearing examiner
designated in accordance with 5 U.S.C. 3105 and 3344 (section 11 of the
Administrative Procedure Act).
(c) Right to counsel. In all proceedings under this section, the
applicant or recipient, and the Department shall have the right to be
represented by counsel.
(d) Procedures, evidence, and record. (1) The hearing, decision, and
any administrative review thereof shall be conducted in conformity with
5 U.S.C. 554-557 (sections 5-8 of the Administrative Procedure Act), and
in accordance with such rules of procedure as are proper (and not
inconsistent with this section) relating to the conduct of the hearing,
giving of notices subsequent to those provided for in paragraph (a) of
this section, taking of testimony, exhibits, arguments and briefs,
requests for findings, and other related matters. Both the Department
and the applicant or recipient shall be entitled to introduce all
relevant evidence on the issues as stated in the notice for hearing or
as determined by the officer conducting the hearing at the outset of or
during the hearing.
(2) Technical rules of evidence shall not apply to hearings
conducted pursuant to this part, but rules or principles designed to
assure production of the most credible evidence available and to subject
testimony to test by cross-examination shall be applied where reasonably
necessary by the officer conducting the hearing. The hearing officer may
exclude irrelevant, immaterial, or unduly repetitious evidence. All
documents and other evidence offered or taken for the record shall be
open to examination by the parties and opportunity shall be given to
refute facts and arguments advanced on either side of the issues. A
transcript shall be made of the oral evidence except to the extent the
substance thereof is stipulated for the record. All decisions shall be
based upon the hearing record and written findings shall be made.
(e) Consolidated or Joint hearings. In cases in which the same or
related facts are asserted to constitute noncompliance with this part
with respect to two or more programs to which this part applies or
noncompliance with this part and the regulations of one or more other
Federal departments or agencies issued under title VI of the Act, the
Secretary may, by agreement with such other departments or agencies,
where applicable, provide for the conduct of consolidated or joint
hearings, and for the application to such
[[Page 326]]
hearings or rules of procedure not inconsistent with this part. Final
decisions in such cases, insofar as this part is concerned, shall be
made in accordance with Sec. 31.10.
[29 FR 16284, Dec. 4, 1964. Redesignated and amended at 38 FR 17958,
July 5, 1973]
Sec. 31.10 Decisions and notices.
(a) Decision by a hearing examiner. If the hearing is held by a
hearing examiner such hearing examiner shall either make an initial
decision, if so authorized, or certify the entire record including his
recommended findings and proposed decision to the Secretary for a final
decision, and a copy of such initial decision or certification shall be
mailed to the applicant or recipient and the complainant. Where the
initial decision is made by the hearing examiner the applicant or
recipient may within 30 days of the mailing of such notice of initial
decision file with the Secretary his exceptions to the initial decision,
with his reasons therefor. In the absence of exceptions, the Secretary
may on his own motion within 45 days after the initial decision serve on
the applicant or recipient a notice that he will review the decision.
Upon the filing of such exceptions or of such notice of review the
Secretary shall review the initial decision and issue his own decision
thereon including the reasons therefor. The decision of the Secretary
shall be mailed promptly to the applicant or recipient and the
complainant, if any. In the absence of either exceptions or a notice of
review the initial decision shall constitute the final decision of the
Secretary.
(b) Decisions on record or review by the Secretary. Whenever a
record is certified to the Secretary for decision or he reviews the
decision of a hearing examiner pursuant to paragraph (a), or whenever
the Secretary conducts the hearing, the applicant or recipient shall be
given reasonable opportunity to file with him briefs or other written
statements of its contentions, and a copy of the final decision of the
Secretary shall be given in writing to the applicant or recipient and
the complainant, if any.
(c) Decisions on record where a hearing is waived. Whenever a
hearing is waived pursuant to Sec. 31.9(a) a decision shall be made by
the Secretary on the record and a copy of such decision shall be given
in writing to the applicant or recipient and to the complainant, if any.
(d) Rulings required. Each decision of a hearing officer or the
Secretary shall set forth his ruling on each finding, conclusion, or
exception presented, and shall identify the requirement or requirements
imposed by or pursuant to this part with which it is found that the
applicant or recipient has failed to comply.
(e) Content of orders. The final decision may provide for suspension
or termination of, or refusal to grant or continue Federal financial
assistance, in whole or in part, under the program involved, and may
contain such terms, conditions, and other provisions as are consistent
with and will effectuate the purposes of the Act and this part,
including provisions designed to assure that no Federal financial
assistance will thereafter be extended under such program to the
applicant or recipient determined by such decision to be in default in
its performance of an assurance given by it pursuant to this part, or to
have otherwise failed to comply with this part, unless and until it
corrects its noncompliance and satisfies the Secretary that it will
fully comply with this part.
(f) Post-termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (c) of this
section shall be restored to full eligibility to receive Federal
financial assistance if it satisfies the terms and conditions of that
order for such eligibility or if it brings itself into compliance with
this regulation and provides reasonable assurance that it will fully
comply with this regulation.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (c) of this section may at any time
request the Secretary to restore fully its eligibility to receive
Federal financial assistance. Any such request shall be supported by
information showing that the applicant or recipient has met the
requirements of paragraph (f)(1) of this section. If the Secretary
determines that those requirements have been satisfied, he shall restore
such eligibility.
[[Page 327]]
(3) If the Secretary denies any such request, the applicant or
recipient may submit a request for a hearing in writing, specifying why
it believes the Secretary to have been in error. It shall thereupon be
given an expeditious hearing, with a decision on the record, in
accordance with rules of procedure issued by the Secretary. The
applicant or recipient will be restored to such eligibility if it proves
at such a hearing that it satisfied the requirements of paragraph (f)(1)
of this section. While proceedings under this paragraph are pending, the
sanctions imposed by the order issued under paragraph (e) of this
section shall remain in effect.
[29 FR 16284, Dec. 4, 1964. Redesignated and amended at 38 FR 17958,
July 5, 1973]
Sec. 31.11 Judicial review.
Action taken pursuant to section 602 of the Act is subject to
judicial review as provided in section 603 of the Act.
[29 FR 16284, Dec. 4, 1964. Redesignated at 38 FR 17958, July 5, 1973]
Sec. 31.12 Effect on other regulations; supervision and coordination.
(a) Effect on other regulations. All regulations, orders or like
directions heretofore issued by any officer of the Department which
impose requirements designed to prohibit any discrimination against
individuals on the ground of race, color, or national origin under any
program to which this part applies, and which authorize the suspension
or termination of or refusal to grant or to continue Federal financial
assistance to any applicant for or recipient of such assistance under
such program for failure to comply with such requirements, are hereby
superseded to the extent that such discrimination is prohibited by this
part, except that nothing in this part shall be deemed to relieve any
person of any obligations assumed or imposed under any such superseded
regulation, order, instruction, or like direction prior to the effective
date of this part. Nothing in this part, however, shall be deemed to
supersede any of the following (including future amendments thereof):
(1) Executive Orders 10925, 11114 and 11246 and regulations issued
thereunder,
(2) The ``Standards for a Merit System of Personnel
Administration,'' issued jointly by the Secretaries of Defense, of
Health, Education and Welfare, and of Labor, 23 FR 734, or
(3) Any other regulation or instruction insofar as it prohibits
discrimination on the ground of race, color, or national origin in any
program or situation to which this part is inapplicable, or prohibits
discrimination on any other ground.
(b) Supervision and coordination. (1) The Secretary may from time to
time assign to officials of other departments or agencies of the
government (with the consent of such department or agency)
responsibilities in connection with the effectuation of the purposes of
title VI of the Act and this part (other than responsibility for final
decision as provided in Sec. 31.11), including the achievement of
effective coordination and maximum uniformity within the Department and
within the executive branch of the Government in the application of
title VI and this part to similar programs and in similar situations.
(2) Any action taken, determination made, or requirement imposed by
an official of another Department or agency acting pursuant to an
assignment of responsibility under this subsection shall have the same
effect as though such action had been taken by the Secretary.
[38 FR 17958, July 5, 1973]
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