---
kind: "section"
citation: "28 C.F.R. § 42.213"
title: "28"
number: "42.213"
heading: "Full hearing."
url: "https://uscodex.org/cfr/28/42.213"
---

# §42.213. Full hearing.

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

## 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.