
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5052]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 66--DOMESTIC VOLUNTEER SERVICES
 
             SUBCHAPTER IV--ADMINISTRATION AND COORDINATION
 
Sec. 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 (B) opportunity 
    to show cause why such action should not be taken;
        (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
        (4) assistance under this chapter shall not be terminated for 
    failure to comply with applicable terms and conditions unless the 
    recipient has been afforded reasonable notice and opportunity for a 
    full and fair hearing.

    (b) In order to assure equal access to all recipients, such hearings 
or other meetings as may be necessary to fulfill the requirements of 
this section shall be held at locations convenient to the recipient 
agency.

(Pub. L. 93-113, title IV, Sec. 412, Oct. 1, 1973, 87 Stat. 411; Pub. L. 
98-288, Sec. 22, May 21, 1984, 98 Stat. 195; Pub. L. 99-551, 
Sec. 10(i)(8), Oct. 27, 1986, 100 Stat. 3078.)


                               Amendments

    1986--Subsec. (a). Pub. L. 99-551 substituted ``the Director'' for 
``he'' before ``determines'' in first sentence.
    1984--Subsec. (a). Pub. L. 98-288 designated 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

    Amendment by Pub. L. 99-551 effective Oct. 1, 1986, except as 
otherwise provided, see section 11 of Pub. L. 99-551, set out as an 
Effective Date note under section 4950 of this title.
