---
kind: "range"
citation: "29 C.F.R. §§ 38.98–38.100"
title: "29"
from: "38.98"
to: "38.100"
count: 3
url: "https://uscodex.org/cfr/29/38.98..38.100"
---

# §38.98. Notification of Breach of Conciliation Agreement.

- (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.

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


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](/cfr/29/38.111.md); and
- (f) Include a determination as to the Governor's liability, if any, in accordance with the provisions of [§ 38.52](/cfr/29/38.52.md).

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


In such circumstances, the Director must notify:

- (a) The grantmaking agency; and
- (b) **The Governor, recipient or grant applicant, as applicable.**