(a) Emergency Termination. The Department may terminate or suspend a
CAP designation or Master Plan under emergency termination procedures in
accordance with section 164(f) of the Act. The provisions in part 636
shall not apply in instances of emergency termination.
(1) Instances under which emergency termination can occur include
but are not limited to: Audit reports identifying numerous adverse
findings in the area of financial control and management; information
gathered through onsite monitoring which substantiates serious
management, fiscal and/or performance problems, information from the
Inspector General or gained through incident reports of poor
performance, serious administrative problems and/or inability to protect
and account for Federal funds.
(2) Within 30 days of written termination notification to a grantee,
the Department will secure applicable documents onsite, seize bank
accounts relating to the program, arrange for the payment of legitimate
bills and debts and arrange, to the degree feasible, for the continued
provision of services to program enrollees.
(b) Termination for Cause. Termination for cause can occur whenever
there is a substantial or persistent violation of the governing rules
and regulations or failure to comply with the grant terms and
conditions. The following factors will be considered for termination:
(1) Poor performance and inability to meet Federal standards related
to such debt collection requirements as:
(i) Failure to respond to demand letters from DOL for repayment of
debts within the stated timeframe;
(ii) Failure to comply with an approved repayment agreement revealed
through monitoring or subsequent audit;
(iii) Failure to take necessary corrective action to improve
underperformance and to plan for more effective subsequent operations.
(2) Nonperformance related to such requirements as:
(i) Failure to submit required quarterly financial reports for two
successive periods within 45 days after they are due;
(ii) Failure to submit required quarterly performance reports for
two successive periods within 45 days after they are due;
(iii) Failure to develop a plan of action to correct deficiencies
identified in an audit report or by an onsite monitoring review.
(3) Nonperformance related to such requirements as:
(i) Failure to comply with formal corrective action after due
notice;
(ii) Failure to comply with the requirements of the Act related to a
grievance procedure and other requirements;
(iii) Failure to submit a required modification within 10 days to
adjust the grant award due to reduction in available funds, reductions
due to debt collection action, etc.
(c) In addition, the Department, by written notice, may terminate a
grant in whole or in part in the event of a reduction in the funds
available or a change in provisions for JTPA title IV, section 401
programs by reason of congressional action.
