---
kind: "section"
citation: "28 C.F.R. § 42.211"
title: "28"
number: "42.211"
heading: "Resumption of suspended funds."
url: "https://uscodex.org/cfr/28/42.211"
---

# §42.211. Resumption of suspended funds.

- (a) Payment of suspended funds made available under the JSIA or the Juvenile Justice Act shall resume only if—
  - (1) 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](/cfr/28/42.209.md);
  - (2) **Such State government or unit of general local government—**
    - (i) 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](/cfr/28/42.208.md), or
    - (ii) Is found to be in compliance with [section 815(c)(1)](/cfr/28/815.md?p=c-1) of the JSIA by such court;
  - (3) After a hearing, the Director of OJARS, pursuant to [§ 42.213](/cfr/28/42.213.md), finds that noncompliance has not been demonstrated; or
  - (4) An administrative law judge has determined, under [§ 42.212](/cfr/28/42.212.md), that it is likely that the State government or unit of local government will prevail on the merits.
- (b) 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

### 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.