The Director will conclude that compliance cannot be secured by
voluntary means under the following circumstances:
(a) The grant applicant or recipient fails or refuses to correct
the violation(s) within the time period established by the Letter of
Findings, Notice to Show Cause or Initial Determination; or
(b) The Director has not approved an extension of time for
agreement on voluntary compliance, under Sec. 37.95(b)(1)(ii), and he
or she either:
(1) Has not been notified, under Sec. 37.95(b)(3), that the grant
applicant or recipient has agreed to voluntary compliance;
(2) Has disapproved a written assurance or Conciliation Agreement,
under Sec. 37.95(b)(4); or
(3) Has received notice from the Governor, under Sec. 37.95(b)(2),
that the grant applicant or recipient will not comply voluntarily.
