[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.83]



[Page 363]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

    Subpart F_Requirements for Employability Services and Employment

 

Sec.  400.83  Mediation and fair hearings.



    (a) Mediation--(1) Public/private RCA program. The State must ensure 

that a mediation period prior to imposition of sanctions is provided to 

refugees by local resettlement agencies under the public/private RCA 

program. Mediation shall begin as soon as possible, but no later than 10 

days following the date of failure or refusal to participate, and may 

continue for a period not to exceed 30 days. Either the State (or local 

resettlement agency(s) responsible for the provision of RCA) or the 

recipient may terminate this period sooner when either believes that the 

dispute cannot be resolved by mediation.

    (2) Publicly-administered RCA programs. Under a publicly-

administered RCA program, the State must use the same procedures for 

mediation/conciliation as those used in its TANF program, if available.

    (b) Hearings. The State or local resettlement agency(s) responsible 

for the provision of RCA must provide an applicant for, or recipient of, 

refugee cash assistance an opportunity for a hearing, using the same 

procedures and standards set forth in Sec.  400.54, to contest a 

determination concerning employability, or failure or refusal to carry 

out job search or to accept an appropriate offer of employability 

services or employment, resulting in denial or termination of 

assistance.



[65 FR 15448, Mar. 22, 2000]