Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 28 - Judicial Administration |
Chapter I - Department of Justice |
Part 42 - Nondiscrimination; Equal Employment Opportunity; Policies and Procedures |
Subpart D - Nondiscrimination in Federally Assisted Programs - Implementation of Section 815(c)(1) of the Justice System Improvement Act of 1979 |
§ 42.213 - Full hearing.
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§ 42.213 Full hearing.
(a) At any time after notification of noncompliance under § 42.208, but before the conclusion of the 120-day suspension period referred to in § 42.210, a State government or unit of general local government may request a hearing on the record in accordance with 5 U.S.C. 554 in order to contest the findings of determination of noncompliance made under § 42.208. The Office shall initiate the hearing within 60 days of request.
(b) Within 30 days after the conclusion of the hearing, or, in the absence of a hearing, at the conclusion of the 120-day period referred to in § 42.210, the Director of OJARS shall make a finding of compliance or noncompliance.
(1) If the Director makes a finding of noncompliance, the Director shall:
(i) Notify the Attorney General in order that the Attorney General may institute a civil action under section 815(c)(3) of the JSIA;
(ii) Cause to have terminated the payment of funds under the JSIA and/or the Juvenile Justice Act; and
(iii) If appropriate, seek repayment of funds.
(2) If the Director makes a finding of compliance, payment of the suspended funds and reconsideration of applications shall resume.