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with this part and to take such correc or recipient and the Endowment shall tive action as may be appropriate. have the right to be represented by
counsel. 8 1110.9 Hearings.
(d) Procedures, evidence, and record. (a) Opportunity for hearing. When (1) The hearing, decision, and any adever an opportunity for a hearing is ministrative review thereof shall be required by $1110.8(c), reasonable conducted in conformity with 5 U.S.C. notice shall be given by registered or 554-557 (sections 5-8 of the Adminiscertified mail, return receipt request trative Procedure Act), and in accorded, to the affected applicant or recipi ance with such rules of procedure as ent. This notice shall advise the appli are proper (and not inconsistent with cant or recipient of the action pro this section) relating to the conduct of posed to be taken, the specific provi the hearing, giving of notices subsesion under which the proposed action quent to those provided for in paraagainst it is to be taken, and the mat graph (a) of this section, taking of testers of fact or law asserted as the basis timony, exhibits, arguments and for this action, and either:
briefs, requests for findings, and other (1) Fix a date not less than 20 days related matters. Both the Endowment after the date of such notice within and the applicant or recipient shall be which the applicant or recipient may entitled to introduce all relevant evirequest of the responsible Endowment dence on the issues as stated in the official that the matter be scheduled notice for hearing or as determined by for hearing or
the officer conducting the hearing at (2) Advise the applicant or recipient the outset of or during the hearing. that the matter in question has been (2) Technical rules of evidence shall set down for hearing at a stated place not apply to hearings conducted purand time. The time and place so fixed suant to this part, but rules or princishall be reasonable and shall be sub ples designed to assure production of ject to change for cause. The com the most credible evidence available plainant, if any, shall be advised of the and to subject testimony to test by time and place of the hearing. An ap cross-examination shall be applied plicant or recipient may waive a hear where reasonably necessary by the ofing and submit written information ficer conducting the hearing. The and argument for the record. The fail hearing officer may exclude irreleure of an applicant or recipient to re vant, immaterial, or unduly repetitious quest a hearing under this paragraph evidence. All documents and other evior to appear at a hearing for which a dence entered or taken for the record date has been set shall be deemed to shall be open to examination by the be a waiver of the right of a hearing parties and opportunity shall be given under section 602 of the Act and to refute facts and arguments ad$ 1110.8(c) of this part and consent to vanced on either side of the issues. A the making of a decision on the basis transcript shall be made of the oral of such information as is available. evidence except to the extent the sub
(b) Time and place of hearing. Hear stance thereof is stipulated for the ings shall be held at the offices of the record. All decisions shall be based Endowment concerned in Washington, upon the hearing record and written DC, at a time fixed by the responsible findings shall be made. Endowment official unless he deter (e) Consolidated or joint hearings. mines that the convenience of the ap In cases in which the same or related plicant or recipient or of the Endow facts are asserted to constitute nonment requires that another place be compliance with this Regulation with selected. Hearings shall be held before respect to two or more programs to the responsible Endowment official or, which this part applies, or noncompliat his discretion, before a hearing ex ance with this part and the regulaaminer designated in accordance with tions of one or more other Federal desection 11 of the Administrative Proce partments or agencies issued under dure Act.
Title VI of the Act, the Chairman of (c) Right to counsel. In all proceed the Endowment concerned may, by ings under this section, the applicant agreement with such other depart
ments or agencies where applicable, shall be given in writing to the appliprovide for the conduct of consolidat cant or recipient and to the complained or joint hearings and for the appli ant if any. cation to such hearings of rules or pro (c) Decisions on record where a hearcedures not inconsistent with this ing is waived. Whenever a hearing is part. Final decisions in such cases, in waived pursuant to $ 1110.9(a) a decisofar as this regulation is concerned, sion shall be made by the responsible shall be made in accordance with Endowment official on the record and $ 1110.10.
a copy of such decision shall be given
in writing to the applicant or recipi$ 1110.10 Decisions and notices.
ent, and to the complainant, if any. (a) Decision by person other than the (d) Rulings required. Each decision responsible Endowment official. If the of a hearing officer or responsible En. hearing is held by a hearing examiner dowment official shall set forth his such hearing examiner shall either ruling on each finding, conclusion, or make an initial decision, if so author- exception presented, and shall identify ized, or certify the entire record in the requirement or requirements imcluding his recommended findings and posed by or pursuant to this part with proposed decision to the responsible which it is found that the applicant or Endowment official for a final deci recipient has failed to comply. sion, and a copy of such initial deci (e) Approval by Chairman. Any final sion or certification shall be mailed to decision of a responsible Endowment the applicant or recipient. Where the official (other than the Chairman) initial decision is made by the hearing which provides for the suspension or examiner the applicant or recipient termination of, or the refusal to grant may within 30 days of the mailing of or continue Federal financial assistsuch notice of initial decision file with ance, or the imposition of any other the responsible Endowment official sanction available under this part or his exceptions to the initial decision, the Act, shall promptly be transmitted with his reasons therefor. In the ab to the Chairman, who may approve sence of exceptions, the responsible such decision, may vacate it, or remit Endowment official may on his own or mitigate any sanction imposed. motion within 45 days after the initial (f) Content of orders. The final decidecision serve on the applicant or re sion may provide for suspension or tercipient a notice that he will review the mination of, or refusal to grant or condecision. Upon the filing of such ex tinue Federal financial assistance, in ceptions or of such notice of review whole or in part, under the program the responsible Endowment official involved, and may contain such terms, shall review the initial decision and conditions, and other provisions as are issue his own decision thereon includ consistent with and will effectuate the ing the reasons therefor. In the ab purposes of the Act and this part, insence of either exceptions or a notice cluding provisions designed to assure of review the initial decision shall con that no Federal financial assistance stitute the final decision of the re will thereafter be extended under such sponsible Endowment official.
program to the applicant or recipient (b) Decisions on record or review by determined by such decision to be in the responsible Endowment official. default in its performance of an assurWhenever a record is certified to the ance given by it pursuant to this part, responsible Endowment official for de or to have otherwise failed to comply cision or he reviews the decision of a with this part, unless and until it corhearing examiner pursuant to para rects its noncompliance and satisfies graph (a) of this section, or whenever the responsible Endowment official the responsible Endowment official that it will fully comply with this part. conducts the hearing, the applicant or (g) Post termination proceedings. (1) recipient shall be given reasonable op An applicant or recipient adversely afportunity to file with him briefs or fected by an order issued under paraother written statements of its conten graph (f) of this section shall be retions, and a copy of the final decision stored to full eligibility to receive Fedof the responsible Endowment official eral financial assistance if it satisfies
the terms and conditions of that order for such eligibility or if it brings itself into compliance with this regulation and provides reasonable assurance that it will fully comply with this regulation. (An elementary or secondary school or school system which is unable to file an assurance of compliance with $ 1110.3 shall be restored to full eligibility to receive Federal financial assistance, if it files a court order or a plan for desegregation which meets the requirements of g 1110.4(c), and provides reasonable assurance that it will comply with this court order or plan.)
(2) Any applicant or recipient adversely affected by an order entered pursuant to paragraph (f) of this section may at any time request the responsible Endowment official to restore fully its eligibility to receive Federal financial assistance. Any such request shall be supported by information showing that the applicant or recipient has met the requirements of paragraph (g)(1) of this section. If the responsible Endowment official determines that those requirements have been satisfied, he shall restore such eligibility.
(3) If the responsible Endowment official denies any such request, the applicant or recipient may submit a request for a hearing in writing, specifying why it believes such official to have been in error. It shall thereupon be given an expeditious hearing, with a decision on the record, in accordance with rules of procedure issued by the responsible Endowment official. The applicant or recipient will be restored to such eligibility if it proves at such a hearing that it satisfied the requirements of paragraph (g)(1) of this section. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect.
8 1110.12 Effect other regulations;
forms and instructions. (a) Effects on other regulations. Nothing in this part shall be deemed to supersede any of the following (including future amendments thereof): (1) Executive Orders 10925, 11114, and 11246, and regulations issued thereunder, or (2) Executive Order 11063 and regulations issued thereunder or any other regulations or instructions insofar as such order, regulations, or instructions prohibit discrmination on the grounds of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground.
(b) Forms and instructions. Each responsible Endowment official shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this part as applied to programs to which this part applies and for which he is responsible.
(c) Supervision and coordination. The Chairman of an Endowment may from time to time assign to other officials of the Endowment or to officials of other departments or agencies of the Government, with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of Title VI of the Act and this part, including the achievement of effective coordination and maximum uniformity within the Endowment and within the executive branch of the Government in the application of title VI and this part of similar programs and in similar situations. Any action taken, determination made, or requirement imposed by an official of another department or agency acting pursuant to an assignment of responsibility under this subsection shall have the same effect as though such action had been taken by the responsible official of this agency.
8 1110.11 Judicial review.
Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act.
8 1110.13 Definitions.
As used in this part:
(a) The term "Foundation" means the National Foundation for the Arts and the Humanities, and includes the National Endowment for the Arts, the National Endowment for the Human
ities, and each of their organizational furnishing services, financial aid or units.
other benefits to individuals. The serv. (b) The term "Endowment" means ice, financial aid, or other benefits prothe National Endowment for the Arts vided under a program receiving Fed. or the National Endowment for the
eral financial assistance shall be Humanities.
deemed to include any services, finan(c) The term "Chairman" means the
cial aid, or other benefits provided Chairman of the National Endowment
with the aid of Federal financial asfor the Arts or the Chairman of the
sistance or with the aid of any nonNational Endowment for the Human
Federal funds, property, or other reities. (d) The term "responsible Endow
sources required to be expended or
made available for the program to ment official" with respect to any program receiving Federal financial as
meet matching requirements or other sistance means the Chairman of any
conditions which must be met in order Endowment or other Endowment offi
to receive the Federal financial assistcial designated by the Chairman.
ance, and to include any services, fi(e) The term “United States” means
nancial aid, or other benefits provided the States of the United States, the
in or through a facility provided with District of Columbia, Puerto Rico, the the aid of Federal financial assistance Virgin Islands, American Samoa, or such non-Federal resources. Guam, Wake Island, the Canal Zone, (h) The term “facility” includes all and the territories and possessions of or any portion of structures, equipthe United States, and the term ment, or other real or personal proper"State" means any one of the forego- ty or interests therein, and the provi. ing.
sion of facilities includes the construc(f) The term “Federal financial as- tion, expansion, renovation, remodelsistance" includes (1) grants and loans
ing, alteration or acquisition of faciliof Federal funds, (2) the grant or the ties. donation of Federal property and in
(i) The term “recipient” means any terests in property, (3) the detail of
State, political subdivision of any Federal personnel, (4) the sale and
State, or instrumentality of any State lease of, and the permission to use (on other than a casual or transient basis),
or political subdivision, any public or Federal property or any interest in
private agency, institution, or organisuch property without consideration
zation, or other entity or any individor at a nominal consideration, or at a
ual, in any State, to whom Federal ficonsideration which is reduced for the
nancial assistance is extended, directly purpose of assisting the recipient, or
or through another recipient, for any in recognition of the public interest to program, including any successor, be served by such sale or lease to the assign, or transferee thereof, but such recipient, and (5) any Federal agree- term does not include any ultimate ment, arrangement, or other contract beneficiary under any such program. which has as one of its purposes the (j) The term “primary recipients" provision of assistance.
means any recipient which is author. (g) The term “program” includes ized or required to extend Federal fiany program, project, or activity in- nancial assistance to another recipient volving the provision of services, finan- for the purposes of carrying out a procial aid, or other benefits to individ
gram. uals (including education or training,
(k) The term “applicant” means one health, housing, or other services,
who submits an application, request, whether provided through employees
or plan required to be approved by a of the recipient of Federal financial
responsible Endowment official, or by assistance provided by others through contracts or other arrange
a primary recipient, as a condition to
eligibility for Federal financial assistments with the recipient, and including work opportunities and cash or
ance, and the term “application" loan or other assistance to individ
means such an application, request, or uals), or for provision of facilities for
APPENDIX A-FEDERAL FINANCIAL AS
SISTANCE TO WHICH THIS PART AP.
1. Assistance to groups for projects and productions in the arts.
2. Surveys, research and planning in the arts.
3. Assistance to State arts agencies for projects and productions in the arts.
4. Support of research in the humanities.
5. Support of educational programs in the humanities, including the training of students and teachers.
6. Assistance to promote the interchange of information in the humanities.
7. Assistance to foster public understanding and appreciation of the humanities.
8. Support of the publication of scholarly works in the humanities.
(C) “Individual" means a citizen of the United States or an alien lawfully admitted for permanent residence.
(d) “Maintain”, used with reference to a record means to collect, to use, to disseminate, to have control over and responsibility for such record.
(e) "Record” means any item, collection or grouping of information about an individual that is maintained by the Foundation and that is retrievable by his or her name or an identifying particular, such as a number, symbol, fingerprint, or photograph of the individual. Information maintained by the Foundation includes, but is not limited to, education, financial transactions, medical history, employment history and criminal history.
(f) “Routine use" means, with respect to the disclosure of a record, the use of such a record for a purpose which is compatible with the purpose for which it was collected. The routine uses of record systems maintained by the Foundation were established pursuant to notice in the FEDERAL REGISTER.
(g) "System of records" means a group of any records under the control of the Foundation from which information about an individual is retrievable by his or her name or by some identifying particular.
PART 1115—PRIVACY ACT
Sec. 1115.1 Purpose and scope. 1115.2 Definitions. 1115.3 Procedures for notification of exist
ence of records pertaining to individuals. 1115.4 Procedures for requests for access to
or disclosure of records pertaining to an
individual. 1115.5 Correction of records. 1115.6 Disclosure of records to agencies or
persons other than the individual to
whom the record pertains. 1115.7 Exemptions.
AUTHORITY: 5 U.S.C. 552a(f).
SOURCE: 40 FR 49286, Oct. 21, 1975, unless otherwise noted.
8 1115.1 Purpose and scope.
This part sets forth the National Foundation on the Arts and the Humanities' procedures under the Privacy Act of 1974 as required by 5 U.S.C. 552a(f). Internal guidance for Foundation staff and other regulations implementing the Privacy Act are contained or will be contained in Foundation circulars.
8 1115.3 Procedures for notification of ex
istence of records pertaining to individ
uals. (a) The systems of records, as defined in the Privacy Act of 1974, maintained by the National Foundation on the Arts and the Humanities are listed annually in the FEDERAL REGISTER as required by that Act. Any person who wishes to know whether a system of records contains a record pertaining to him may appear in person at the National Endowment for the Arts, Room 1338, 2401 E Street NW., Washington, DC 20506 or the National Endowment for the Humanities, Room 1000, 806 15th Street NW., Washington, DC 20506, on work days between the hours of 9:00 a.m. and 5:30 p.m. or by writing to the Office of the General Counsel, National Endowment for the Arts or National Endowment for the Humanities, Washington, DC 20506. It
8 1115.2 Definitions.
For purposes of this part:
(a) “Foundation" means the National Foundation on the Arts and the Humanities.
(b) “Act” means the Privacy Act of 1974 (Pub. L. 93-579).