§42.213. Full hearing.
28 C.F.R. § 42.213
At any time after notification of noncompliance under § 42.208, but before the conclusion of the 120-day suspension period referred to in § 42.210, a State government or unit of general local government may request a hearing on the record in accordance with 5 U.S.C. 554 in order to contest the findings of determination of noncompliance made under § 42.208. The Office shall initiate the hearing within 60 days of request.
Within 30 days after the conclusion of the hearing, or, in the absence of a hearing, at the conclusion of the 120-day period referred to in § 42.210, the Director of OJARS shall make a finding of compliance or noncompliance.
If the Director makes a finding of noncompliance, the Director shall:
Notify the Attorney General in order that the Attorney General may institute a civil action under section 815(c)(3) of the JSIA;
Cause to have terminated the payment of funds under the JSIA and/or the Juvenile Justice Act; and
If appropriate, seek repayment of funds.
If the Director makes a finding of compliance, payment of the suspended funds and reconsideration of applications shall resume.
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.