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Content Last Revised: 1/15/93
---DISCLAIMER---

CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 34  

Implementation of the Nondiscrimination and Equal Opportunity Requirements of the Job Training Partnership Act of 1982, As Amended (JTPA)

 

 

 

Subpart D  

Compliance Procedures

29 CFR 34.48 - Notification of Breach of Conciliation Agreement.

  • Section Number: 34.48
  • Section Name: Notification of Breach of Conciliation Agreement. 
    (a) Where a Governor is a party to a Conciliation Agreement, the 
Governor shall immediately notify the Director of a recipient's breach 
of any such Conciliation Agreement.
    (b) When it becomes known to the Director, through the Governor or 
by other means, that a Conciliation Agreement has been breached, the 
Director may issue a Notification of Breach of Conciliation Agreement.
    (c) A Notification of Breach of Conciliation Agreement issued 
pursuant to this section shall be directed, as applicable, to the 
Governor and/or other party(ies) to the Conciliation Agreement.
    (d) A Notification of Breach of Conciliation Agreement issued 
pursuant to paragraph (a) of this section shall:
    (1) Specify the efforts made to achieve voluntary compliance and 
indicate that those efforts have been unsuccessful;
    (2) Identify the specific provisions of the Conciliation Agreement 
violated;
    (3) Determine liability for the violation and the extent of the 
liability, as appropriate;
    (4) 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;
    (5) Advise the violating party of the right to request a hearing, 
and reference the applicable procedures at Sec. 34.51(b); and
    (6) Include a determination as to the Governor's liability, if any, 
in accordance with the provisions of Sec. 34.32.
    (e) Where enforcement action pursuant to a Notification of Breach of 
Conciliation Agreement is commenced, the Director shall so notify: the 
Departmental granting agency; and the Governor, recipient or grant 
applicant, as applicable.
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