29 CFR 34.46 - Final Determination.
(a) The Director shall conclude that compliance cannot be secured through informal means when:
(1) The grant applicant or recipient fails or refuses to correct the violation(s) within the applicable time period established by the Letter of Findings, Notice to Show Cause or Initial Determination; or
(i) Has not received notification pursuant to § 34.45(a)(2)(iii) that voluntary compliance has been achieved; or
(ii) Has disapproved a written assurance or Conciliation Agreement, pursuant to § 34.45(a)(2)(iv); or
(b) Upon so concluding, the Director may:
(1) Issue a Final Determination which shall:
(i) Specify the efforts made to achieve voluntary compliance and indicate that those efforts have been unsuccessful;
(iii) List any modifications to the findings of fact or conclusions set forth in the Initial Determination, Notice to Show Cause or Letter of Findings;
(vi) Indicate that the failure of the grant applicant or recipient to come into compliance within 10 days of the receipt of the Final Determination 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 to file suit;
(2) Refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; or
(3) Take such other action as may be provided by law.