The provisions of this section apply in addition to the sanctions
provisions in subpart G of part 627 of this chapter.
(a) The Secretary shall investigate a complaint or report received
from an aggrieved party or a public official which alleges that a State
is not complying with the provisions of the State plan required under
section 311(a) of the Act (section 311(e)(1)).
(b) Where the Secretary determines that a State has failed to comply
with its State plan, and that other remedies under the Act and part 627
of this chapter are not available or are not adequate to achieve
compliance, the Secretary may withhold an amount not to exceed 10
percent of the allotment to the State for the program year in which the
determination is made for each such violation (section 311(e)(2)(A)).
(c) The Secretary will not impose the penalty provided for under
paragraph (b) of this section until all other remedies under the Act and
part 627 of this chapter for achieving compliance have been exhausted or
are determined to be unavailable or inadequate to achieve State
compliance with the terms of the State plan.
(d) The Secretary will make no determination under this section
until the affected State has been afforded adequate written notice and
an opportunity to request and to receive a hearing before an
administrative law judge pursuant to the provisions of subpart H of part
627 of this chapter (section 311(e)(2)(B)).
