§42.211. Resumption of suspended funds.
28 C.F.R. § 42.211
Payment of suspended funds made available under the JSIA or the Juvenile Justice Act shall resume only if—
Such State government or unit of general local government enters into a compliance agreement signed by the Director of OJARS in accordance with § 42.209;
Such State government or unit of general local government—
Complies fully with the final order or judgment of a Federal or State court, if that order or judgement covers all matters raised by the Director of OJARS in the notice pursuant to § 42.208, or
Is found to be in compliance with section 815(c)(1) of the JSIA by such court;
After a hearing, the Director of OJARS, pursuant to § 42.213, finds that noncompliance has not been demonstrated; or
An administrative law judge has determined, under § 42.212, that it is likely that the State government or unit of local government will prevail on the merits.
Full compliance with a court order, for the purposes of paragraph (2) of this section, includes the securing of an agreement to comply over a period of time, particularly in complex cases or where compliance would require an extended period of time for implementation.
Notes, amendments, and revision history
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.