§ 38.99 - Contents of Notification of Breach of Conciliation Agreement.  


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  • § 38.99 Contents of Notification of Breach of Conciliation Agreement.

    A Notification of Breach of Conciliation Agreement must:

    (a) Specify any efforts made to achieve voluntary compliance, and indicate that those efforts have been unsuccessful;

    (b) Identify the specific provisions of the Conciliation Agreement violated;

    (c) Determine liability for the violation and the extent of the liability;

    (d) Indicate that failure of the violating party to come into compliance within 10 days of the receipt of the Notification of Breach of Conciliation Agreement may result, after opportunity for a hearing, in the termination or denial of the grant, or discontinuation of assistance, as appropriate, or in referral to the Department of Justice with a request from the Department to file suit;

    (e) Advise the violating party of the right to request a hearing, and reference the applicable procedures in § 38.111; and

    (f) Include a determination as to the Governor's liability, if any, in accordance with the provisions of § 38.52.