(a) Violations at State level. Where the Director has determined
that a violation of the nondiscrimination and equal opportunity
provisions of WIA or this part has occurred at the State level, he or
she must notify the Governor through the issuance of a Letter of
Findings, Notice to Show Cause or Initial Determination, as
appropriate, under Sec. 37.62 or 37.63, 37.66 and 37.67, or 37.91,
respectively. The Director may secure compliance with the
nondiscrimination and equal opportunity provisions of WIA and this part
through, among other means, the execution of a written assurance and/or
Conciliation Agreement, under paragraph (d) of this section.
(b) Violations below State level. Where the Director has determined
that a violation of the nondiscrimination and equal opportunity
provisions of WIA or this part has occurred below the State level, the
Director must so notify the Governor and the violating recipient(s)
through the issuance of a Letter of Findings, Notice to Show Cause or
Initial Determination, as appropriate, under Secs. 37.62 or 37.63,
37.66 and 37.67, or 37.91, respectively.
(1) Such issuance must:
(i) Direct the Governor to initiate negotiations immediately with
the violating recipient(s) to secure compliance by voluntary means;
(ii) Direct the Governor to complete such negotiations within 30
days of the Governor's receipt of the Notice to Show Cause or within 45
days of the Governor's receipt of the Letter of Findings or Initial
Determination, as applicable. The Director reserves the right to enter
into negotiations with the recipient at any time during the period. For
good cause shown, the Director may approve an extension of time to
secure voluntary compliance. The total time allotted to secure
voluntary compliance must not exceed 60 days.
(iii) Include a determination as to whether compliance must be
achieved by:
(A) Immediate correction of the violation(s) and written assurance
that such violations have been corrected, under Sec. 37.96;
(B) Entering into a written Conciliation Agreement under
Sec. 37.97; or
(C) Both.
(2) If the Governor determines, at any time during the period
described in paragraph (b)(1)(ii) of this section, that a recipient's
compliance cannot be achieved by voluntary means, the Governor must so
notify the Director.
(3) If the Governor is able to secure voluntary compliance under
paragraph (b)(1) of this section, he or she must submit to the Director
for approval, as applicable:
(i) Written assurance that the required action has been taken, as
described in Sec. 37.96;
(ii) A copy of the Conciliation Agreement, as described in
Sec. 37.97; or
(iii) Both.
(4) The Director may disapprove any written assurance or
Conciliation Agreement submitted for approval under paragraph (b)(3) of
this section that fails to satisfy each of the applicable requirements
provided in Secs. 37.96 or 37.97.
(c) Violations in National Programs. Where the Director has
determined that a violation of the nondiscrimination and equal
opportunity provisions of WIA or this part has occurred in a National
Program, he or she must notify the Federal grantmaking agency and the
recipient by issuing a Letter of Findings, Notice to Show Cause, or
Initial Determination, as appropriate, under Secs. 37.62 or 37.63,
37.66 and 37.67, or 37.91, respectively. The Director may secure
compliance with the nondiscrimination and equal opportunity provisions
of WIA and this part through, among other means, the execution of a
written assurance and/or Conciliation Agreement under Secs. 37.96 or
37.97, as applicable.
