---
kind: "section"
citation: "28 C.F.R. § 42.212"
title: "28"
number: "42.212"
heading: "Preliminary hearing."
url: "https://uscodex.org/cfr/28/42.212"
---

# §42.212. Preliminary hearing.

- (a) Prior to the suspension of funds under [§ 42.210(a)](/cfr/28/42.210.md?p=a), but within the 90-day period after notification under [§ 42.208](/cfr/28/42.208.md), the State government or unit of local government may request an expedited preliminary hearing on the record in accordance with [5 U.S.C. 554](/usc/5/554.md) in order to determine whether it is likely that the State government or unit of local government would, at a full hearing under [§ 42.213](/cfr/28/42.213.md), prevail on the merits on the issue of the alleged noncompliance.
- (b) The preliminary hearing shall be initiated within 30 days of request. The ALJ shall make his finding within 15 days after the conclusion of the preliminary hearing.

## 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.