(a) A grant applicant or recipient adversely affected by a Final
Decision and Order issued under Sec. 37.112(b) will be restored, where
appropriate, to full eligibility to receive WIA Title I financial
assistance if the grant applicant or recipient satisfies the terms and
conditions of the Final Decision and Order and brings itself into
compliance with the nondiscrimination and equal opportunity provisions
of WIA and this part.
(b) A grant applicant or recipient adversely affected by a Final
Decision and Order issued under Sec. 37.112(b) may at any time petition
the Director to restore its eligibility to receive WIA Title I
financial assistance. A copy of the petition must be served on the
parties to the original proceeding that led to the Final Decision and
Order. The petition must be supported by information showing the
actions taken by the grant applicant or recipient to bring itself into
compliance. The grant applicant or recipient has the burden of
demonstrating that it has satisfied the requirements of paragraph (a)
of this section. While proceedings under this section are pending,
sanctions imposed by the Final Decision and Order under Sec. 37.112(b)
(1) and (2) must remain in effect.
(c) The Director must issue a written decision on the petition for
restoration.
(1) If the Director determines that the grant applicant or
recipient has not brought itself into compliance, he or she must issue
a decision denying the petition.
(2) Within 30 days of its receipt of the Director's decision, the
recipient or grant applicant may file a petition for review of the
decision by the Secretary, setting forth the grounds for its objection
to the Director's decision.
(3) The petition must be served on the Director and on the Office
of the Solicitor, Civil Rights Division.
(4) The Director may file a response to the petition within 14
days.
(5) The Secretary must issue the final agency decision denying or
granting the recipient's or grant applicant's request for restoration
to eligibility.
