42 U.S. Code § 5052 - Suspension and termination of financial assistance; procedures; notice and hearing; emergency situations; refunding applications
(a) The Director is authorized, in accordance with the provisions of this section, to suspend further payments or to terminate payments under any contract or grant providing assistance under this chapter, whenever the Director determines there is a material failure to comply with the applicable terms and conditions of any such grant or contract. The Director shall prescribe procedures to insure that—
(1) assistance under this chapter shall not be suspended for failure to comply with applicable terms and conditions, except in emergency situations for thirty days;
(2) an application for refunding under this chapter may not be denied unless the recipient has been given
(A) notice at least 75 days before the denial of such application of the possibility of such denial and the grounds for any such denial, and
(3) in any case where an application for refunding is denied for failure to comply with the terms and conditions of the grant or contract award, the recipient shall be afforded an opportunity for an informal hearing before an impartial hearing officer, who has been agreed to by the recipient and the Agency; and
Source(Pub. L. 93–113, title IV, § 412,Oct. 1, 1973, 87 Stat. 411; Pub. L. 98–288, § 22,May 21, 1984, 98 Stat. 195; Pub. L. 99–551, § 10(i)(8),Oct. 27, 1986, 100 Stat. 3078.)
References in Text
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, known as the Domestic Volunteer Service Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables.
1986—Subsec. (a). Pub. L. 99–551substituted “the Director” for “he” before “determines” in first sentence.
1984—Subsec. (a). Pub. L. 98–288designated existing provisions as subsec. (a), substituted a semicolon for “nor shall an application for refunding under this chapter be denied, unless the recipient has been given reasonable notice and opportunity to show why such action should not be taken; and” in par. (1), added pars. (2) and (3), redesignated former par. (2) as (4), and added subsec. (b).
Effective Date of 1986 Amendment