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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Implementation of the Nondiscrimination and Equal Opportunity Requirements of the Job Training Partnership Act of 1982, As Amended (JTPA) |
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| Federal Procedures For Effecting Compliance |
(a) Any action to suspend, terminate, deny or discontinue Federal
financial assistance under JTPA shall be limited to the particular
political entity, or part thereof or other recipient (or grant
applicant) as to which the finding has been made and shall be limited in
its effect to the particular program, or part thereof, in which the
noncompliance has been found. No order suspending, terminating, denying
or
discontinuing Federal financial assistance under JTPA shall become
effective until:
(1) The Director has issued a Final Determination pursuant to
Sec. 34.46 or Notification of Breach of Conciliation Agreement pursuant
to Sec. 34.48;
(2) There has been an express finding on the record, after
opportunity for a hearing, of failure by the grant applicant or
recipient to comply with a requirement imposed by or pursuant to the
nondiscrimination and equal opportunity provisions of JTPA or this part;
(3) A Final Decision has been issued by the Secretary, the
Administrative Law Judge's decision and order has become the Final
Decision of the Secretary, or the Final Determination or Notification of
Conciliation Agreement has been deemed the Final Decision of the
Secretary, pursuant to Sec. 34.52(b); and
(4) The expiration of 30 days after the Secretary has filed, with
the committees of Congress having legislative jurisdiction over the
program involved, a full written report of the circumstances and grounds
for such action.
(b) When the Department withholds funds from a recipient or grant
applicant under these regulations, the Secretary may disburse the
withheld funds directly to an alternate recipient. In such case, the
Secretary will require any alternate recipient to demonstrate:
(1) The ability to comply with these regulations; and
(2) The ability to achieve the goals of the nondiscrimination and
equal opportunity provisions of JTPA.