(a) The Director may issue a Notice to Show Cause to a recipient
failing to comply with the requirements of this part, where such failure
results in the inability of the Director to make a finding. Such a
failure includes, but is not limited to, the failure or refusal to:
(1) Submit requested data within 30 days of the receipt of the
Notification Letter;
(2) Submit documentation requested during a compliance review; or
(3) Provide the Directorate access to a recipient's premises or
records during a compliance review.
(b) The Notice to Show Cause shall contain:
(1) A description of the violation and a citation to the pertinent
nondiscrimination or equal opportunity provision(s) of JTPA and this
part;
(2) The corrective action necessary to achieve compliance or, as may
be appropriate, the concepts and principles of acceptable corrective or
remedial action and the results anticipated; and
(3) A request for a written response to the findings, including
commitments to corrective action or the presentation of opposing facts
and evidence.
(c) Such Notice to Show Cause shall give the recipient 30 days to
show cause why enforcement proceedings under the nondiscrimination and
equal opportunity provisions of JTPA or this part should not be
instituted. A recipient may make such a showing by, among other means:
(1) Correcting the violation(s) that brought about the Notice to
Show Cause and entering into a written assurance and/or entering into a
Conciliation Agreement, as appropriate, pursuant to Sec. 34.45(d);
(2) Demonstrating that the Directorate does not have jurisdiction;
or
(3) Demonstrating that the violation alleged by the Directorate did
not occur.
(d) If the recipient fails to show cause why enforcement proceedings
should not be initiated, the Director shall follow the procedures
outlined in Sec. 34.46.
(e) The 210 day requirement provided for in Sec. 34.40(c)(3) shall
be tolled during the pendency of a Notice to Show Cause.
