(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.
