---
kind: "section"
citation: "28 C.F.R. § 42.210"
title: "28"
number: "42.210"
heading: "Compliance not secured."
url: "https://uscodex.org/cfr/28/42.210"
---

# §42.210. Compliance not secured.

- (a) **If, at the conclusion of 90 days after notification of noncompliance with section 815(c)(1)—**
  - (1) Compliance has not been secured by the chief executive of that State or the chief executive of that unit of general local government; and
  - (2) An administrative law judge has not made a determination under [§ 42.212](/cfr/28/42.212.md) that it is likely the State government or unit of local government will prevail on the merits;
- (b) If a hearing is requested pursuant to [§ 42.213](/cfr/28/42.213.md), the suspension of funds shall be effective for a period of not more than 30 days after the conclusion of the hearing, or in the absence of a hearing under [§ 42.213](/cfr/28/42.213.md), funds shall be suspended for not more than 120 days, unless there has been an express finding by the Director of OJARS after notice and opportunity for such a hearing, that the recipient is not in compliance with [section 815(c)(1)](/cfr/28/815.md?p=c-1) of the JSIA, or this subpart.

## Notes

### Authority

Authority: Secs. 802(a), 815(c), and 817(d) of the Justice System Improvement Act of 1979, 42 U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-503, and Pub. L. 96-157 (December 27, 1979) (JSIA) and Sec. 262 of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. 5672 (Pub. L. 93-415, as amended by Pub. L. 95-115)).

### Source

Source: 45 FR 28705, Apr. 30, 1980, unless otherwise noted.