| 45 CFR 1203
TITLE 45--PUBLIC WELFARE
CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
PART 1203--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS--
EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Sec.
1203.1 Purpose.
1203.2 Application of this part.
1203.3 Definitions.
1203.4 Discrimination prohibited.
1203.5 Assurances required.
1203.6 Compliance information.
1203.7 Conduct of investigations.
1203.8 Procedure for effecting compliance.
1203.9 Hearings.
1203.10 Decisions and notices.
1203.11 Judicial review.
1203.12 Effect on other regulations, forms, and instructions.
Appendix A to Part 1203--Programs to Which This Part Applies
Appendix B to Part 1203--Programs to Which This Part Applies When a
Primary Objective of the Federal Financial Assistance is To
Provide Employment
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.
Source: 39 FR 27322, July 26, 1974, unless otherwise noted.
[[Page 11]]
Sec. 1203.1 Purpose.
The purpose of this part is to effectuate the provisions of title VI
of the Civil Rights Act of 1964 (hereafter referred to as title VI), to
the end that a person in the United States shall not, on the ground of
race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination
under a program or activity receiving Federal financial assistance from
ACTION.
Sec. 1203.2 Application of this part.
(a) This part applies to each program for which Federal financial
assistance is authorized under a law administered by ACTION, including
the federally assisted programs listed in appendix A to this part. It
also applies to money paid, property transferred, or other Federal
financial assistance extended under a program after the effective date
of this part pursuant to an application approved before that effective
date. This part does not apply to:
(1) Federal financial assistance by way of insurance or guaranty
contracts;
(2) Money paid, property transferred, or other assistance extended
under a program before the effective date of this part, except when the
assistance was subject to the title VI regulations of an agency whose
responsibilities are now exercised by ACTION;
(3) Assistance to any individual who is the ultimate beneficiary
under a program; or
(4) Employment practices, under a program, of an employer,
employment agency, or labor organization, except to the extent described
in Sec. 1203.4(c).
The fact that a program is not listed in Appendix A to this part does
not mean, if title VI is otherwise applicable, that the program is not
covered. Other programs under statutes now in force or hereinafter
enacted may be added to Appendix A to this part.
(b) In a program receiving Federal financial assistance in the form,
or for the acquisition, of real property or an interest in real
property, to the extent that rights to space on, over, or under that
property are included as part of the program receiving that assistance,
the nondiscrimination requirement of this part extends to a facility
located wholly or in part in that space.
Sec. 1203.3 Definitions.
Unless the context requires otherwise, in this part:
(a) Applicant means a person who submits an application, request, or
plan required to be approved by ACTION, or by a primary recipient, as a
condition to eligibility for Federal financial assistance, and
``application'' means that application, request, or plan.
(b) Facility includes all or any part of structures, equipment, or
other real or personal property or interests therein, and the provision
of facilities includes the construction, expansion, renovation,
remodeling, alteration, or acquisition of facilities.
(c) Federal financial assistance includes:
(1) Grants and loans of Federal funds;
(2) The grant or donation of Federal property and interests in
property;
(3) The detail of Federal personnel;
(4) The sale and lease of, and the permission to use (on other than
a casual or transient basis), Federal property or any interest in the
property without consideration or at a nominal consideration, or at a
consideration which is reduced for the purpose of assisting the
recipient, or in recognition of the public interest to be served by the
sale or lease to the recipient; and
(5) A Federal agreement, arrangement, or other contract which has as
one of its purposes the provision of assistance.
(d) Primary recipient means a recipient that is authorized or
required to extend Federal financial assistance to another recipient for
the purpose of carrying out a program.
(e) Program includes a program, project, or activity for the
provision of services, financial aid, or other benefits to individuals
(including education or training or other services whether provided
through employees of the recipient of Federal financial assistance or
provided by others through contracts or other arrangements with the
recipient, and including work opportunities), or for the provision of
facilities for furnishing services, financial aid, or
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other benefits to individuals. The services, financial aid, or other
benefits provided under a program receiving Federal financial assistance
are deemed to include a service, financial aid, or other benefits
provided:
(1) With the aid of Federal financial assistance,
(2) With the aid of any non-Federal funds, property, or other
resources required to be expended or made available for the program to
meet the matching requirements or other conditions which must be met in
order to receive the Federal financial assistance, or
(3) In or through a facility provided with the aid of Federal
financial assistance or such non-Federal resources.
(f) Recipient may mean any State, the District of Columbia, the
Commonwealth of Puerto Rico, a territory or possession of the United
States, or any political subdivision thereof, or instrumentality
thereof, any public or private agency, institution, or organization, or
other entity, or any individual in any State, the District of Columbia,
the Commonwealth of Puerto Rico, or territory or possession of the
United States, to whom Federal financial assistance is extended,
directly or through another recipient, for any program, including any
successor, assignee, or transferee thereof, but the term does not
include any ultimate beneficiary under a program.
(g) Director means the Director of ACTION or any person to whom he
has delegated his authority in the matter concerned.
Sec. 1203.4 Discrimination prohibited.
(a) General. A person in the United States shall not, on the ground
of race, color, or national origin be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination
under, a program to which this part applies.
(b) Specific discriminatory actions prohibited. (1) A recipient
under a program to which this part applies may not, directly or through
contractual or other arrangements, on the ground of race, color, or
national origin--
(i) Deny a person a service, financial aid, or other benefit
provided under the program;
(ii) Provide a service, financial aid, or other benefit to a person
which is different, or is provided in a different manner, from that
provided to others under the program;
(iii) Subject a person to segregation or separate treatment in any
matter related to his receipt of a service, financial aid, or other
benefit under the program;
(iv) Restrict a person in any way in the enjoyment of an advantage
or privilege enjoyed by others receiving a service, financial aid, or
other benefit under the program;
(v) Treat a person differently from others in determining whether he
satisfies an admission, enrollment, quota, eligibility, membership, or
other requirement or condition which persons must meet in order to be
provided a service, financial aid, or other benefit provided under the
program;
(vi) Deny a person an opportunity to participate in the program
through the provision of services or otherwise or afford him an
opportunity to do so which is different from that afforded others under
the program; or
(vii) Deny a person the opportunity to participate as a member of a
planning or advisory body which is an integral part of the program.
(2) A recipient, in determining the types of services, financial
aid, or other benefits, or facilities which will be provided under a
program or the class of persons to whom, or the situations in which, the
services, financial aid, other benefits, or facilities will be provided
under a program, or the class of persons to be afforded an opportunity
to participate in a program, may not, directly or through contractual or
other arrangements, utilize criteria or methods of administration which
have the effect of subjecting persons to discrimination because of their
race, color, or national origin, or have the effect of defeating or
substantially impairing accomplishment of the objectives of the program
with respect to individuals of a particular race, color, or national
origin.
(3) The enumeration of specific forms of prohibited discrimination
in this paragraph does not limit the generality of the prohibition in
paragraph (a) of this section.
[[Page 13]]
(4)(i) In administering a program regarding which the recipient had
previously discriminated against persons on the ground of race, color,
or national origin, the recipient shall take affirmative action to
overcome the effects of prior discrimination.
(ii) Even in the absence of prior discrimination a recipient in
administering a program may take affirmative action to overcome the
effect of conditions which resulted in limiting participation by persons
of a particular race, color, or national origin.
(c) Employment practices. (1) When a primary objective of a program
of Federal financial assistance to which this part applies is to provide
employment, a recipient or other party subject to this part shall not,
directly or through contractual or other arrangements, subject a person
to discrimination on the ground of race, color, or national origin in
its employment practices under the program (including recruitment or
recruitment advertising, hiring, firing, upgrading, promotion, demotion,
transfer, layoff, termination, rates of pay, or other forms of
compensation or benefits, selection for training or apprenticeship, use
of facilities, and treatment of employees). A recipient shall take
affirmative action to insure that applicants are employed, and employees
are treated during employment, without regard to race, color, or
national origin. The requirements applicable to construction employment
under a program are those specified in or pursuant to part III of
Executive Order 11246 or any Executive order which supersedes it.
(2) Federal financial assistance to programs under laws funded or
administered by ACTION which have as a primary objective the providing
of employment include those set forth in Appendix B to this part.
(3) Where a primary objective of the Federal financial assistance is
not to provide employment, but discrimination on the ground of race,
color, or national origin in the employment practices of the recipient
tends, on the ground of race, color, or national origin, to exclude
persons from participation in, to deny them the benefits of, or to
subject them to discrimination under any program to which this part
applies, the provisions of paragraph (c)(1) of this section apply to the
employment practices of the recipient to the extent necessary to assure
equality of opportunity to and nondiscriminatory treatment of
beneficiaries.
(d) In determining the site or location of facilities, a recipient
or applicant may not make selections with the purpose or effect of
excluding individuals from, denying them the benefits of, or subjecting
them to discrimination under, a program to which this part applies, on
the ground of race, color, or national origin; or with the purpose or
effect of defeating or substantially impairing the accomplishment of the
objectives of title VI of this part.
Sec. 1203.5 Assurances required.
(a) General. (1) An application for Federal financial assistance to
carry out a program to which this part applies, except a program to
which paragraph (d) of this section applies, and every application for
Federal financial assistance to provide a facility shall, as a condition
to its approval and the extension of Federal financial assistance
pursuant to the application, contain or be accompanied by, assurances
that the program will be conducted or the facility operated in
compliance with the requirements imposed by or pursuant to this part.
Every program of Federal financial assistance shall require the
submission of these assurances. In the case where the Federal financial
assistance is to provide or is in the form of personal property, or real
property or interest therein or structures thereon, the assurances shall
obligate the recipient, or, in the case of a subsequent transfer, the
transferee, for the period during which the property is used for a
purpose for which the Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits,
or for as long as the recipient retains ownership or possession of the
property, whichever is longer. In other cases, the assurances obligate
the recipient for the period during which the Federal financial
assistance is extended to the program. In the case where the assistance
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is sought for the construction of a facility or part of a facility, the
assurances shall extend to the entire facility and to the facilities
operated in connection therewith. ACTION shall specify the form of the
foregoing assurances for each program, and the extent to which like
assurances will be required of subgrantees, contractors and
subcontractors, transferees, successors in interest, and other
participants in the program. The assurances shall include provisions
which give the United States the right to seek judicial enforcement.
(2) When Federal financial assistance is provided in the form of a
transfer of real property, structures, or improvements thereon, or
interest therein, from the Federal Government, the instrument effecting
or recording the transfer shall contain a covenant running with the land
assuring nondiscrimination for the period during which the real property
is used for a purpose involving the provision of similar services or
benefits. When no transfer of property of interest therein from the
Federal Government is involved, but property is acquired or improved
under a program of Federal financial assistance, the recipient shall
agree to include a covenant in any subsequent transfer of the property.
When the property is obtained from the Federal Government, the covenant
may also include a condition coupled with a right to be reserved by
ACTION to revert title to the property in the event of a breach of the
covenant where, in the discretion of ACTION, such a condition and right
of reverter is appropriate to the program under which the real property
is obtained and to the nature of the grant and the grantee. In the event
a transferee of real property proposes to mortgage or otherwise encumber
the real property as security for financing construction of new, or
improvement of existing, facilities on property for the purposes for
which the property was transferred, ACTION may agree, on request of the
transferee and if necessary to accomplish the financing, and on
conditions as he deems appropriate, to subordinate a right of reversion
to the lien of a mortgage or other encumbrance.
(b) Assurances from Government agencies. In the case of an
application from a department, agency, or office of a State or local
government for Federal financial assistance for a specified purpose, the
assurance required by this section shall extend to any other department,
agency, or office of the same governmental unit if the policies of the
other department, agency, or office will substantially affect the
project for which Federal financial assistance is requested. That
requirement may be waived by the responsible ACTION official if the
applicant establishes, to the satisfaction of the responsible ACTION
official, that the practices in other agencies or parts or programs of
the governmental unit will in no way affect:
(1) Its practices in the program for which Federal financial
assistance is sought, or
(2) The beneficiaries of or participants in or persons affected by
the program, or
(3) Full compliance with this part as respects the program.
(c) Assurance from academic and other institutions. (1) In the case
of an application for Federal financial assistance by an academic
institution, the assurance required by this section extends to admission
practices and to all other practices relating to the treatment of
students.
(2) The assurance required by an academic institution, detention or
correctional facility, or any other institution or facility, relating to
the institution's practices with respect to admission or other treatment
of individuals as students, patients, wards, inmates, persons subject to
control, or clients of the institution or facility or to the opportunity
to participate in the provision of services, disposition, treatment, or
benefits to these individuals, is applicable to the entire institution
or facility unless the applicant establishes, to the satisfaction of the
responsible ACTION official, that the practices in designated parts or
programs of the institution or facility will in no way affect its
practices in the program of the institution or facility for which
Federal financial assistance is sought, or the beneficiaries of or
participants in the program. If the assistance sought is
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for the construction of a facility or part of a facility, the assurance
shall extend to the entire facility and to facilities operated in
connection therewith.
(d) Continuing State programs. Every application by a State or a
State agency to carry out a program involving continuing Federal
financial assistance to which this part applies (including the programs
listed in Appendix A to this part) shall as a condition to its approval
and the extension of Federal financial assistance pursuant to the
application:
(1) Contain or be accompanied by a statement that the program is
(or, in the case of a new program, will be) conducted in compliance with
the requirements imposed by or pursuant to this part, and
(2) Provide or be accompanied by provision for methods of
administration for the program as are found by ACTION to give reasonable
guarantee that the applicant and all recipients of Federal financial
assistance under the program will comply with the requirements imposed
by or pursuant to this part.
(Approved by the Office of Management and Budget under control number
3001-0016, paragraph (a)(1))
[39 FR 27322, July 26, 1974, as amended at 47 FR 3553, Jan. 26, 1982]
Sec. 1203.6 Compliance information.
(a) Cooperation and assistance. ACTION, to the fullest extent
practicable, shall seek the cooperation of recipients in obtaining
compliance with this part and shall provide assistance and guidance to
recipients to help them comply voluntarily with this part.
(b) Compliance reports. Each recipient shall keep records and submit
to ACTION timely, complete, and accurate compliance reports at the
times, and in the form and containing the information ACTION may
determine necessary to enable it to ascertain whether the recipient has
complied or is complying with this part. In the case of a program under
which a primary recipient extends Federal financial assistance to other
recipients, the other recipients shall also submit compliance reports to
the primary recipient as may be necessary to enable the primary
recipient to carry out its obligations under this part. In general,
recipients should have available for ACTION racial and ethnic data
showing the extent to which members of minority groups are beneficiaries
of federally assisted programs.
(c) Access to sources of information. Each recipient shall permit
access by ACTION during normal business hours to its books, records,
accounts, and other sources of information, and its facilities as may be
pertinent to ascertain compliance with this part. When information
required of a recipient is in the exclusive possession of an other
agency, institution, or person and this agency, institution, or person
fails or refuses to furnish this information, the recipient shall so
certify in its report and shall set forth what efforts it has made to
obtain the information.
(d) Information to beneficiaries and participants. Each recipient
shall make available to participants, beneficiaries, and other
interested persons the information regarding the provisions of this part
and its applicability to the program under which the recipient received
Federal financial assistance, and make this information available to
them in the manner, as ACTION finds necessary, to apprise the persons of
the protections against discrimination assured them by title VI and this
part.
Sec. 1203.7 Conduct of investigations.
(a) Periodic compliance reviews. ACTION may from time to time review
the practices of recipients to determine whether they are complying with
this part.
(b) Complaints. Any person who believes himself or any specific
class of persons to be subjected to discrimination prohibited by this
part may by himself or by a representative file with ACTION a written
complaint. A complaint shall be filed not later than 180 days after the
date of the alleged discrimination, unless the time for filing is
extended by ACTION.
(c) Investigations. ACTION will make a prompt investigation whenever
a compliance review, report, complaint, or other information indicates a
possible failure to comply with this part. The investigation will
include, when appropriate, a review of the pertinent
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practices and policies of the recipient, the circumstances under which
the possible noncompliance with this part occurred, and other factors
relevant to a determination as to whether the recipient has failed to
comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) of this section indicates a failure to comply with this
part, ACTION will so inform the recipient and the matter will be
resolved by voluntary means whenever possible. If it has been determined
that the matter cannot be resolved by voluntary means, action will be
taken as provided for in Sec. 1203.8.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) of this section, ACTION will so inform, in writing, the
recipient and the complainant, if any.
(e) Intimidatory or retaliatory acts prohibited. A recipient or
other person shall not intimidate, threaten, coerce, or discriminate
against an individual for the purpose of interfering with a right or
privilege secured by section 601 of title VI of this part, or because he
has made a complaint, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under this part. The
identity of complainants shall be kept confidential, except to the
extent necessary to carry out the purposes of this part, including the
conduct of an investigation, hearing, or judicial proceeding arising
thereunder.
Sec. 1203.8 Procedure for effecting compliance.
(a) General. (1) If there appears to be a failure or threatened
failure to comply with this part, and if the noncompliance or threatened
noncompliance cannot be corrected by informal means, compliance with
this part may be effected by the suspension or termination of or refusal
to grant or to continue Federal financial assistance or by other means
authorized by law.
(2) Other means may include, but are not limited to: (i) A reference
to the Department of Justice with a recommendation that appropriate
proceedings be brought to enforce the rights of the United States under
a law of the United States (including other titles of the Civil Rights
Act of 1964) or an assurance or other contractual undertaking, and
(ii) An applicable proceeding under State or local law.
(b) Noncompliance with Sec. 1203.5. If an applicant fails or refuses
to furnish an assurance required under Sec. 1203.5 or otherwise fails or
refuses to comply with a requirement imposed by or pursuant to that
section, Federal financial assistance may be refused in accordance with
the procedures of paragraph (c) of this section. ACTION shall not be
required to provide assistance in that case during the pendency of the
administrative proceedings under this paragraph. Subject, however, to
Sec. 1203.12, ACTION shall continue assistance during the pendency of
the proceedings where the assistance is due and payable pursuant to an
application approved prior to the effective date of this part.
(c) Termination of or refusal to grant or to continue Federal
financial assistance. An order suspending, terminating, or refusing to
grant or to continue Federal financial assistance shall not become
effective until--
(1) ACTION has advised the applicant or recipient of his failure to
comply and has determined that compliance cannot be secured by informal
voluntary means;
(2) There has been an express finding on the record, after
opportunity for hearing, of a failure by the applicant or recipient to
comply with a requirement imposed by or pursuant to this part;
(3) The action has been approved by the Director pursuant to
Sec. 1203.10(e); and
(4) The expiration of 30 days after the Director has filed with the
committee of the House and the committee of the Senate having
legislative jurisdiction over the program involved, a full written
report of the circumstances and the grounds for the action.
An action to suspend or terminate or refuse to grant or to continue
Federal financial assistance shall be limited to the particular
political entity, or part thereof, or other applicant or recipient as to
whom a finding has been made and shall be limited in its effect to the
particular program, or part thereof, in which the noncompliance has been
so found.
[[Page 17]]
(d) Other means authorized by law. An action to effect compliance
with title VI by other means authorized by law shall not be taken by
ACTION until--
(1) ACTION has determined that compliance cannot be secured by
voluntary means;
(2) The recipient or other person has been notified of its failure
to comply and of the action to be taken to effect compliance; and
(3) The expiration of at least 10 days from the mailing of a notice
to the recipient or person. During this period of at least 10 days,
additional efforts shall be made to persuade the recipient or other
person to comply with the regulation and to take corrective action as
may be appropriate.
Sec. 1203.9 Hearings.
(a) Opportunity for hearing. When an opportunity for a hearing is
required by Sec. 1203.8(c), reasonable notice shall be given by
registered or certified mail, return receipt requested, to the affected
applicant or recipient. This notice shall advise the applicant or
recipient of the action proposed to be taken, the specific provision
under which the proposed action against it is to be taken, and the
matters of fact or law asserted as the basis for this action, and
either:
(1) Fix a date not less than 20 days after the date of notice within
which the applicant or recipient may request of ACTION that the matter
be scheduled for hearing; or
(2) Advise the applicant or recipient that the matter in question
has been set down for hearing at a stated time and place. The time and
place so fixed shall be reasonable and subject to change for cause. The
complainant, if any, shall be advised of the time and place of the
hearing. An applicant or recipient may waive a hearing and submit
written information and argument for the record. The failure of an
applicant or recipient to request a hearing under this paragraph or to
appear at a hearing for which a date has been set is deemed to be a
waiver of the right to a hearing under section 602 of title VI and
Sec. 1203.8(c) and consent to the making of a decision on the basis of
the information available.
(b) Time and place of hearing. Hearings shall be held at the offices
of ACTION in Washington, DC, at a time fixed by ACTION unless it
determines that the convenience of the applicant or recipient or of
ACTION requires that another place be selected. Hearings shall be held
before the Director, or at his discretion, before a hearing examiner
appointed in accordance with section 3105 of title 5, United States
Code, or detailed under section 3344 of title 5, United States Code.
(c) Right to counsel. In all proceedings under this section, the
applicant or recipient and ACTION have the right to be represented by
counsel.
(d) Procedures, evidence, and record. (1) The hearing, decision, and
an administrative review thereof shall be conducted in conformity with
sections 554 through 557 of title 5, United States Code, and in
accordance with the rules of procedure as are proper (and not
inconsistent with this section) relating to the conduct of the hearing,
giving of notices subsequent to those provided for in paragraph (a) of
this section, taking of testimony, exhibits, arguments, and briefs,
requests for findings, and other related matters. Both ACTION and the
applicant or recipient are entitled to introduce relevant evidence on
the issues as stated in the notice for hearing or as determined by the
officer conducting the hearing at the outset of or during the hearing.
(2) Technical rules of evidence do not apply to hearings conducted
pursuant to this part, but rules or principles designed to assure
production of the most credible evidence available and to subject
testimony to test by cross-examination shall be applied where determined
reasonably necessary by the officer conducting the hearing. The hearing
officer may exclude irrelevant, immaterial, or unduly repetitious
evidence. Documents and other evidence offered or taken for the record
shall be open to examination by the parties and opportunity shall be
given to refute facts and arguments advanced on either side of the
issues. A transcript shall be made of the oral evidence except to the
extent the substance thereof is stipulated for the record. Decisions
shall be based on the hearing
[[Page 18]]
record and written findings shall be made.
(e) Consolidated or joint hearings. In cases in which the same or
related facts are asserted to constitute noncompliance with this part
with respect to two or more programs to which this part applies, or
noncompliance with this part and the regulations of one or more other
Federal departments or agencies issued under title VI, ACTION may, by
agreement with the other departments or agencies, when applicable,
provide for the conduct of consolidated or joint hearings, and for the
application to these hearings of rules or procedures not inconsistent
with this part. Final decisions in these cases, insofar as this
regulation is concerned, shall be made in accordance with Sec. 1203.10.
Sec. 1203.10 Decisions and notices.
(a) Procedure on decisions by hearing examiner. If the hearing is
held by a hearing examiner, the hearing examiner shall either make an
initial decision, if so authorized, or certify the entire record
including his recommended findings and proposed decision to the Director
for a final decision, and a copy of the initial decision or
certification shall be mailed to the applicant or recipient. When the
initial decision is made by the hearing examiner, the applicant or
recipient may, within 30 days after the mailing of a notice of initial
decision, file with the Director his exceptions to the initial decision,
with his reasons therefor. In the absence of exceptions, the Director
may, on his own motion, within 45 days after the initial decision, serve
on the applicant or recipient a notice that he will review the decision.
On the filing of the exceptions or of notice of review, the Director
shall review the initial decision and issue his own decision thereon
including the reasons therefor. In the absence of either exceptions or a
notice of review the initial decision, subject to paragraph (e) of this
section, shall constitute the final decision of the Director.
(b) Decisions on record or review by the Director. When a record is
certified to the Director for decision or the Director reviews the
decision of a hearing examiner pursuant to paragraph (a) of this
section, or when the Director conducts the hearing, the applicant or
recipient shall be given reasonable opportunity to file with it briefs
or other written statements of the recipient's contentions, and a
written copy of the final decision of the Director will be sent to the
applicant or recipient and to the complainant, if any.
(c) Decisions on record where a hearing is waived. When a hearing is
waived pursuant to Sec. 1203.9, a decision shall be made by ACTION on
the record and a written copy of the decision shall be sent to the
applicant or recipient, and to the complainant, if any.
(d) Rulings required. Each decision of a hearing examiner or the
Director shall set forth a ruling on each finding, conclusion, or
exception presented, and shall identify the requirement or requirements
imposed by or pursuant to this part with which it is found that the
applicant or recipient has failed to comply.
(e) Approval by ACTION. A final decision by an official of ACTION
other than by the Director, which provides for the suspension or
termination of, or the refusal to grant or continue Federal financial
assistance, or the imposition of any other sanction available under this
part or title VI, shall promptly be transmitted to the Director, who may
approve the decision, vacate it, or remit or mitigate a sanction
imposed.
(f) Content of orders. The final decision may provide for suspension
or termination of, or refusal to grant or continue Federal financial
assistance, in whole or in part, under the program involved, and may
contain the terms, conditions, and other provisions as are consistent
with and will effectuate the purposes of title VI and this part,
including provisions designed to assure that Federal financial
assistance will not thereafter be extended under the programs to the
applicant or recipient determined by the decision to be in default in
its performance of an assurance given by it under this part, or to have
otherwise failed to comply with this part, unless and until it corrects
its noncompliance and satisfies ACTION that it will fully comply with
this part.
[[Page 19]]
(g) Post-termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (f) of this
section shall be restored to full eligibility to receive Federal
financial assistance if it satisfies the terms and conditions of the
order for eligibility, or if it brings itself into compliance with this
part and provides reasonable assurance that it will fully comply with
this part.
(2) An applicant or recipient adversely affected by an order entered
pursuant to paragraph (f) of this section may at any time request ACTION
to restore fully its eligibility to receive Federal financial
assistance. A request shall be supported by information showing that the
applicant or recipient has met the requirements of paragraph (g)(1) of
this section. If ACTION determines that those requirements have been
satisfied, it shall restore the eligibility.
(3) If ACTION denies a request, the applicant or recipient may
submit a request for a hearing in writing, specifying why it believes
ACTION is in error. The applicant or recipient shall be given an
expeditious hearing, with a decision on the record in accordance with
the rules or procedures issued by ACTION. The applicant or recipient
shall be restored to eligibility if it proves at the hearing that it
satisfied the requirements of paragraph (g)(1) of this section. While
proceedings under this paragraph are pending, the sanctions imposed by
the order issued under paragraph (f) of this section remain in effect.
Sec. 1203.11 Judicial review.
Action taken pursuant to section 602 of title VI is subject to
judicial review as provided in section 603 of title VI.
Sec. 1203.12 Effect on other regulations, forms, and instructions.
(a) Effect on other regulations. Regulations, orders, or like
directions issued before the effective date of this part by ACTION which
impose requirements designed to prohibit discrimination against
individuals on the ground of race, color, or national origin under a
program to which this part applies, and which authorizes the suspension
or termination of or refusal to grant or to continue Federal financial
assistance to an applicant for or recipient of assistance under a
program for failure to comply with the requirements, are superseded to
the extent that discrimination is prohibited by this part, except that
nothing in this part relieves a person of an obligation assumed or
imposed under a superseded regulation, order, instruction, or like
direction, before the effective date of this part. This part does not
supersede any of the following (including future amendments thereof):
(1) Executive Order 11246 (3 CFR, 1965 Supp.) and regulations issued
there under or
(2) Any other orders, regulations, or instructions, insofar as these
orders, regulations, or instructions prohibit discrimination on the
ground of race, color, or national origin in a program or situation to
which this part is inapplicable, or prohibit discrimination on any other
ground.
(b) Forms and instructions. ACTION shall issue and promptly make
available to all interested persons forms and detailed instructions and
procedures for effectuating this part as applied to programs to which
this part applies, and for which it is responsible.
(c) Supervision and coordination. ACTION may from time to time
assign to officials of ACTION, or to officials of other departments or
agencies of the Government with the consent of the departments or
agencies, responsibilities in connection with the effectuation of the
purposes of title VI and this part (other than responsibilities for
final decision as provided in Sec. 1203.10), including the achievement
of effective coordination and maximum uniformity within ACTION and
within the executive branch in the application of title VI and this part
to similar programs and in similar situations. An action taken,
determination made, or requirement imposed by an official of another
department or agency acting pursuant to an assignment of responsibility
under this paragraph shall have the same effect as though the action had
been taken by ACTION.
[[Page 20]]
Appendix A to Part 1203--Programs to Which This Part Applies
1. Grants for the development or operation of retired senior
volunteer programs pursuant to section 601 of the Older Americans Act of
1965, as amended (42 U.S.C. 3044).
2. Grants for the development and operation of foster grandparents
projects pursuant to section 611 of the Older Americans Act of 1965, as
amended (42 U.S.C. 3044b).
Appendix B to Part 1203--Programs to Which This Part Applies When a
Primary Objective of the Federal Financial Assistance is To Provide
Employment
1. Grants for the development or operation of retired senior
volunteer programs pursuant to section 601 of the Older Americans Act of
1965, as amended (42 U.S.C. 3044).
2. Grants for the development and operation of foster grandparents
projects pursuant to section 611 of the Older Americans Act of 1965, as
amended (42 U.S.C. 3044b).
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