---
kind: "section"
citation: "29 C.F.R. § 38.110"
title: "29"
number: "38.110"
heading: "Enforcement procedures."
url: "https://uscodex.org/cfr/29/38.110"
---

# §38.110. Enforcement procedures.

- (a) **Sanctions; judicial enforcement.** If compliance has not been achieved after issuance of a Final Determination under §§ [38.95](/cfr/29/38.95.md) and [38.96](/cfr/29/38.96.md), or a Notification of Breach of Conciliation Agreement under [§§ 38.98 through 38.100](/cfr/29/38.98..38.100.md), the Secretary may:
  - (1) After opportunity for a hearing, suspend, terminate, deny or discontinue the WIOA Title I financial assistance, in whole or in part;
  - (2) Refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; or
  - (3) Take such action as may be provided by law, which may include seeking injunctive relief.
- (b) **Deferral of new grants.** When proceedings under [§ 38.111](/cfr/29/38.111.md) have been initiated against a particular recipient, the Department may defer action on that recipient's applications for new WIOA Title I financial assistance until a Final Decision under [§ 38.112](/cfr/29/38.112.md) has been rendered. Deferral is not appropriate when WIOA Title I financial assistance is due and payable under a previously approved application.
  - (1) New WIOA Title I financial assistance includes all assistance for which an application or approval, including renewal or continuation of existing activities, or authorization of new activities, is required during the deferral period.
  - (2) New WIOA Title I financial assistance does not include assistance approved before the beginning of proceedings under [§ 38.111](/cfr/29/38.111.md), or increases in funding as a result of changed computations of formula awards.

## Notes

### Authority

Authority: 29 U.S.C. 3101 et seq. ; 42 U.S.C. 2000d et seq. ; 29 U.S.C. 794; 42 U.S.C. 6101 et seq. ; and 20 U.S.C. 1681 et seq.

### Source

Source: 81 FR 87211, Dec. 2, 2016, unless otherwise noted.