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29 C.F.R. §§ 38.98–38.100

3 sections in range

§38.98. Notification of Breach of Conciliation Agreement.

29 C.F.R. § 38.98

(a)
When it becomes known to the Director that a Conciliation Agreement has been breached, the Director may issue a Notification of Breach of Conciliation Agreement.
(b)
The Director must send a Notification of Breach of Conciliation Agreement to the Governor, the grantmaking agency, and/or other party(ies) to the Conciliation Agreement, as applicable.
Notes, amendments, and revision history

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.

§38.99. Contents of Notification of Breach of Conciliation Agreement.

29 C.F.R. § 38.99

A Notification of Breach of Conciliation Agreement must:
(a)
Specify any efforts made to achieve voluntary compliance, and indicate that those efforts have been unsuccessful;
(b)
Identify the specific provisions of the Conciliation Agreement violated;
(c)
Determine liability for the violation and the extent of the liability;
(d)
Indicate that failure of the violating party to come into compliance within 10 days of the receipt of the Notification of Breach of Conciliation Agreement may result, after opportunity for a hearing, in the termination or denial of the grant, or discontinuation of assistance, as appropriate, or in referral to the Department of Justice with a request from the Department to file suit;
(e)
Advise the violating party of the right to request a hearing, and reference the applicable procedures in § 38.111; and
(f)
Include a determination as to the Governor's liability, if any, in accordance with the provisions of § 38.52.
Notes, amendments, and revision history

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.

§38.100. Notification of an enforcement action based on breach of conciliation agreement.

29 C.F.R. § 38.100

In such circumstances, the Director must notify:
(a)
The grantmaking agency; and
(b)
The Governor, recipient or grant applicant, as applicable.
Notes, amendments, and revision history

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.