25 CFR 23.53 - Cancellation.

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§ 23.53 Cancellation.
(a) The grants officer may cancel any grant, in whole or in part, at any time before the date of completion whenever it is determined that the grantee has:
(1) Materially failed to comply with the terms and conditions of the grant;
(2) Violated the rights as specified in § 23.49 or endangered the health, safety, or welfare of any person; or
(3) Been grossly negligent in, or has mismanaged the handling or use of funds provided under the grant.
(b) When it appears that cancellation of the grant will become necessary, the grants officer shall promptly notify the grantee in writing of this possibility. This written notice shall advise the grantee of the reason for the possible cancellation and the corrective action necessary to avoid cancellation. The grants officer shall also offer, and shall provide, if requested by the grantee, any technical assistance which may be required to effect the corrective action. The grantee shall have 60 days in which to effect this corrective action before the grants officer provides notice of intent to cancel the grant as provided for in paragraph (c) of this section.
(c) Upon deciding to cancel for cause, the grants officer shall promptly notify the grantee in writing of that decision, the reason for the cancellation, and the effective date. The Area Director or his/her designated official shall also provide a hearing for the grantee before cancellation. However, the grants officer may immediately cancel the grant, upon notice to the grantee, if the grants officer determines that continuance of the grant poses an immediate threat to safety. In this event, the Area Director or his/her designated official shall provide a hearing for the grantee within 10 days of the cancellation.
(d) The hearing referred to in paragraph (c) of this section shall be conducted as follows:
(1) The grantee affected shall be notified, in writing, at least 10 days before the hearing. The notice should give the date, time, place, and purpose of the hearing.
(2) A written record of the hearing shall be made. The record shall include written statements submitted at the hearing or within five days following the hearing.

Title 25 published on 2014-04-01.

The following are only the Rules published in the Federal Register after the published date of Title 25.

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  • 2014-05-13; vol. 79 # 92 - Tuesday, May 13, 2014
    1. 79 FR 27189 - Change of Address; Indian Child Welfare Act
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      DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
      Final rule; technical amendment.
      Effective May 13, 2014.
      25 CFR Part 23

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United States Code
U.S. Code: Title 25 - INDIANS

Title 25 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 25 CFR Part 23 after this date.

  • 2015-03-20; vol. 80 # 54 - Friday, March 20, 2015
    1. 80 FR 14880 - Regulations for State Courts and Agencies in Indian Child Custody Proceedings
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      DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
      Proposed rule.
      Comments must be received on or before May 19, 2015. Comments on the information collections contained in this proposed regulation are separate from those on the substance of the proposed rule. Comments on the information collection burden should be received by April 20, 2015 to ensure consideration, but must be received no later than May 19, 2015. See the SUPPLEMENTARY INFORMATION section of this document for dates of public meetings and tribal consultation sessions.
      25 CFR 23