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(b) Noncompliance with § 141.4. If person has been notified of its failure an applicant fails or refuses to furnish to comply and of the action to be taken an assurance required under $ 141.4 or to effect compliance, and (4) the expiraotherwise fails or refuses to comply with tion of at least 10 days from the mailing à requirement imposed by or pursuant of such notice to the recipient or other to that section Federal financial assist- person. During this period of at least ance may be refused in accordance with 10 days additional efforts shall be made the procedures of paragraph (c) of this to persuade the recipient or other person section. The Department shall not be to comply with this part and to take such required to provide assistance in such a corrective action as may be appropriate. case during the pendency of the admin
& 141.8 Hearings. istrative proceedings under such paragraph except that the Department shall
(a) Opportunity for hearing. When
ever an opportunity for a hearing is recontinue assistance during the pendency quired by § 141.7(c), reasonable notice of such proceedings where such assist- shall be given by registered or certified ance is due and payable pursuant to an mail, return receipt requested, to the afapplication therefor approved prior to
fected applicant or recipient. This nothe effective date of this part.
tice shall advise the applicant or recipi(c) Termination of or refusal to grant ent of the action proposed to be taken, or to continue Federal financial assist- the specific provision under which the ance. No order suspending, terminat- proposed action against it is to be taken, ing or refusing to grant or continue and the matters of fact or law asserted Federal financial assistance shall become as the basis for this action, and either effective until (1) the responsible De- (1) fix a date not less than 20 days after partment official has advised the ap- the date or such notice within which the plicant or recipient of his failure to com- applicant or recipient may request of the ply and has determined that compli- responsible Department official that the ance cannot be secured by voluntary matter be scheduled for hearing or (2) means, (2) there has been an express advise the applicant or recipient that the finding on the record, after opportunity matter in question has been set down for hearing, of a failure by the appli- for hearing at a stated place and time. cant or recipient to comply with a re- The time and place so fixed shall be reaquirement imposed by or pursuant to sonable and shall be subject to change for this part, (3) the action has been ap- cause. The complainant, if any, shall proved by the Secretary pursuant to be advised of the time and place of the § 141.9(e), and (4) the expiration of 30 hearing. An applicant or recipient may days after the Secretary has filed with waive a hearing and submit written inthe committee of the House and the formation and argument for the record. committee of the Senate having legis- The failure of an applicant or recipient lative jurisdiction over the program in- to request a hearing under this paravolved, a full written report of the cir- graph or to appear at a hearing for which cumstances and the grounds for such a date has been set shall be deemed to action. Any action to suspend or ter- be a waiver of the right to a hearing minate or to refuse to grant or to con- under section 602 of the Act and § 141.tinue Federal financial assistance shall 7(c) of this part and consent to the makbe limited to the particular political ing of a decision on the basis of such entity, or part thereof, or other appli- information as is available. cant or recipient as to whom such a find- (b) Time and place of hearing. Hearing has been made and shall be limited ings shall normally be held at the offices in its effect to the particular program, of the Department in Washington, D.C., or part thereof, in which such non-com- at a time fixed by the responsible Depliance has been so found.
partment official. Hearings shall be held (d) Other means authorized by law. before an official designated by the SeNo action to effect compliance by any cretary other than the responsible Deother means authorized by law shall be partment official. taken until (1) the responsible Depart- (c) Right to counsel. In all proceedment official has determined that com- ings under this section, the applicant or pliance cannot be secured by voluntary recipient and the Department shall have means, (2) the action has been approved the right to be represented by counsel. by the Deputy Under Secretary for Ad- (d) Procedures, evidence, and record. ministration, (3) the recipient or other (1) The hearing, decision, and any administrative review thereof shall be con- of the Department of State. Final deducted with as much conformity as is cisions in all such cases, insofar as this practicable with sections 5-8 of the Ad- part is concerned, shall be made in acministrative Procedure Act, and in ac- cordance with $ 141.9. cordance with such rules of procedure as are proper (and not inconsistent with $ 141.9 Decisions and notices. this section) relating to the conduct of
(a) Decisions on record or review by the hearing, giving of notices subsequent
the responsible Department official. to those provided for in paragraph (a) of
The applicant or recipient shall be given this section, taking of testimony, ex
reasonable opportunity to file with the hibits, arguments and briefs, requests for
officer presiding at the hearing briefs or findings, and other related matters. Both
other written statements of its contenthe Department and the applicant or re
tions, and a copy of the final decision cipient shall be entitled to introduce all
shall be given in writing to the applicant relevant evidence on the issues as stated
or recipient and to the complainant, if in the notice for hearing or as deter
any. mined by the officer conducting the hear
The officer presiding at the hear- !
ing shall render a decision on the matter. ing at the outset of or during the hearing.
(b) Decisions on record where a hear. (2) Technical rules of evidence shall
ing is waived. Whenever a hearing is not apply to hearings conducted pur
waived pursuant to § 141.8(a) a decision suant to this part, but rules or prin
shall be made by the responsible Departciples designed to assure production of
mental official on the record and a copy the most credible evidence available and
of such decision shall be given in writing to subject testimony to test by cross
to the applicant or recipient, and to the examination shall be applied where rea
complainant, if any. sonably necessary by the officer conduct
(c) Rulings required. Each decision ing the hearing. The officer presiding at the hearing may exclude irrelevant,
of an officer presiding at the hearing
shall set forth his ruling on each finding, immaterial, or unduly repetitious evidence. All documents and other evi
conclusion, or exception presented, and dence offered or taken for the record
shall identify the requirement or reshall be open to examination by the
quirements imposed by or pursuant to
this part with which it is found that the parties and opportunity shall be given
applicant or recipient has failed to to refute facts and arguments advanced on either side of the issues. A transcript
comply. shall be made of the oral evidence except
(d) Appeal. Either party may appeal to the extent the substance thereof is
from a decision of the officer presiding at
the hearing to the responsible Departstipulated for the record. All decisions shall be based upon the hearing record
ment official within 30 days of the mail
ing of the officer's decision. In the aband written findings shall be made. (e) Consolidated or Joint Hearings.
sence of such an appeal the decision of In cases in which the same or related
the officer presiding at the hearing shall
constitute the final decision of the Defacts are asserted to constitute noncompliance with this part with respect to
partment subject to paragraph (e) of
this section. iwo or more programs to which this part applies, or noncompliance with this part
(e) Approval by Secretary. Any final
decision by an officer (other than the and the regulations of one or more other Federal departments or agencies issued
Secretary) which provides for the sus
pension or termination of, or the reunder Title VI of the Act, the Secretary fusal to grant or continue Federal finanmay, by agreement with such other de- cial assistance, or the imposition of any partments or agencies where applicable, other sanction available under this part provide for the conduct of consolidated or the Act, shall promptly be transmitted or joint hearings, and for the application to the Secretary, who may approve such to such hearings of rules of procedures decision, may vacate it, or remit or mitinot inconsistent with this part. The gate any sanction imposed. Secretary may also transfer the hearing (f) Content of orders. The final deof any complaint to any other depart- cision may provide for suspension or terment or agency, with the consent of that mination of, or refusal to grant or condepartment or agency, where Federal fi- tinue Federal financial assistance, in nancial assistance to the applicant or re- whole or in part, under the program incipient is substantially greater than that volved, and may contain such terms,
conditions, and other provisions as are each of its operating agencies and other consistent with and will effectuate the organizational units except the Agency purposes of the Act and this part, in- for International Development. cluding provisions designed to assure (b) The term “Secretary” means the that no Federal financial assistance will
Secretary of State. thereafter be extended under such pro
(c) The term “responsible Departgram to the applicant or recipient de
ment official” with respect to any protermined by such decision to be in default
gram receiving Federal financial assistin its performance of an assurance given
ance means the official of the Departby it pursuant to this part, or to have
ment having responsibility within the otherwise failed to comply with this part,
Department for the program extendunless and until it corrects its noncom
ing such assistance or such official of the pliance and satisfies the responsible De
Department as the Secretary designates.
(d) The term “United States” means partment official that it will fully comply with this part.
the States of the United States, the Dis
trict of Columbia, Puerto Rico, the Vir$ 141.10 Judicial review.
gin Islands, American Samoa, Guam, Action taken pursuant to section 602 Wake Island, the Canal Zone, and the of the Act is subject to judicial review as territories and possessions of the United provided in section 603 of the Act.
States, and the term “State" means any
one of the foregoing. $ 141.11 Effect on other regulations;
(e) The term "Federal financial asforms and instructions.
sistance” includes (1) grants and loans Nothing in this part shall be deemed to of Federal funds, (2) the grant or donasupersede: Executive Orders 10925 and tion of Federal property and interests in 11114 and regulations issued thereunder, property, (3) the detail of Federal peror any other regulations or instructions, sonnel, and (4) any Federal agreement, insofar as such regulations, or instruc- arrangement, or other contract which tions prohibit discrimination on the has as one of its purposes the provision ground of race, color, or national origin of assistance. in any program or situation to which this (f) The term “program” includes any regulation is inapplicable, or prohibit program, project, or activity for the prodiscrimination on any other ground. vision of services, financial aid, or other
(a) Forms and instructions. Each benefits to individuals whether provided responsible Department official shall is- through employees of the recipient of sue, and promptly make available to in- Federal financial assistance or provided terested persons, forms and detailed in- by others through contracts or other structions and procedures for effectuat- arrangements with the recipient. ing this part as applied to programs to (g) The term “recipient” means any which this part applies and for which State, political subdivision of any State, he is responsible.
or instrumentality of any State or polit(b) Supervision and coordination. ical subdivision, any public or private The Secretary may from time to time agency, institution, or organization, or assign to officials of the Department, or other entity, or any individual, in any to officials of other departments or agen- State, to whom Federal financial assistcies of the Government with the con- ance is extended, directly or through ansent of such departments or agencies, other recipient, for any program, includresponsibilities in connection with the ing any successor, assign, or transferee effectuation of the purposes of Title VI thereof, but such term does not include of the Act and this part including the any ultimate beneficiary under any such achievement of effective coordination and program. maximum uniformity within the Depart- (h) The term “primary recipient” ment and within the Executive Branch means any recipient which is authorof the Government in the application of ized or required to extend Federal finanTitle VI and this part to similar pro- cial assistance to another recipient for grams and in similar situations.
the purpose of carrying out a program. § 141.12 Definitions.
(i) The term “applicant” means one
who submits an application, request, or As used in this part
plan required to be approved by a re(a) The term “Department” means sponsible Department official, or by a the Department of State and includes primary recipient, as a condition to eligibility for Federal financial assistance, and the term “application" means such an application, request, or plan.
PROGRAMS AND ACTIVITIES TO WHICH THIS PART
1. Mutual understanding between people of the United States and the people of other countries by educational and cultural exchange-studies, research, instruction and other educational activities-cultural exchanges (Mutual Educational and Cultural Exchange Act of 1961–75 Stat. 527–538).
2. Center for Cultural and Technical Interchange Between East and West-grant to State of Hawaii (Public Law 86-472, 74 Stat. 141).
3. Assistance to or in behalf of refugees designated by the President (Migration and Refugee Assistance Act of 1962–76 Stat. 121124).
4. Donations of certain foreign language tapes and other training material to public and private institutions (Regulations of Administrator of General Services relating to surplus property–41 CFR 101–6.2).
CHAPTER II-AGENCY FOR INTERNATIONAL
Note: Section 621(b) of the Foreign Assistance Act of 1961, Public Law 87–195, 75 Stat. 424, abolished the International Cooperation Administration. The President, by Executive Order 10973 (26 F.R. 10469), delegated the functions of the abolished agency to the Secretary of State and directed him to establish the Agency for International Development in the Department of State. The Secretary of State established the Agency for International Development by Public Notice 199 (26 F.R. 10608). The Administrator of the Agency for International Development issued Delegation of Authority No. 3 (26 F.R. 10734) which directed:
“All delegations of authority, regulations, instructions, memoranda, or other similar documents (published or otherwise) of ICA and DLF in effect at the time of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded.”
Employee responsibilities and conduct. 201 Rules and procedures applicable to commodity transactions financed by
A.I.D. 202 Overseas shipments of supplies by voluntary nonprofit relief agencies. 203 Registration of agencies for voluntary foreign aid. 205 Per diem payments to participants in nonmilitary economic development
training programs. 207 Limitation on the employment of third country nationals for construction
work financed from United States foreign assistance funds. 208 Suppliers of commodities and commodity-related services ineligible for A.I.D.
financing 209 Non-discrimination in federally-assisted programs of the Agency for Inter
national Development-effectuation of Title VI of the Civil Rights Act of
1964. 210 Loyalty and security investigations for persons serving under contracts
financed from United States foreign assistance funds. Transfer of food commodities for use in disaster relief and economic develop
ment, and other assistance. 212 Public information.
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