(c) Termination of or refusal to grant or continue Federal financial assistance. No order suspending, terminating, or refusing to grant or continue Federal financial assistance may become effective until:

(1) The Administrator has advised the applicant or recipient of his failure to comply and has determined that compliance cannot be secured by voluntary means;

(2) There has been an express finding on the record, after opportunity for hearing, of a failure by the applicant or recipient to comply with a requirement imposed by or pursuant to this part; (3) The action has been approved by the Administrator pursuant to § 15.17 (e); and

(4) The expiration of 30 days after the Administrator has filed with the committee of the House and the committee of the Senate having legislative jurisdiction over the program involved a full written report of the circumstances and the grounds for such action.

Any action to suspend or terminate or to refuse to grant or continue Federal financial assistance is limited to the particular political entity, or part thereof, or other applicant or recipient as to whom such a finding has been made and is limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found.

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(d) Other means authorized by law. No action to effect compliance by any other means authorized by law may be taken until:

(1) The Administrator has determined that compliance cannot be secured by voluntary means;

(2) The action has been approved by the Administrator;

(3) The recipient or other person has been notified of his failure to comply and of the action to be taken to effect compliance, and

(4) The expiration of at least 10 days after the mailing of such notice to the recipient or other person.

During this period of at least 10 days, additional efforts shall be made to persuade the recipient or other person to comply with the part and to take such Corrective action as may be appropriate.

$15.15 Hearings.

(a) Opportunity for hearing. Whenever an opportunity for a hearing is required by 8 15.13(c), reasonable notice shall be given by registered or certified

mail, return receipt requested, to the affected applicant or recipient. This notice shall advise the applicant or recipient of the action proposed to be taken, the specific provision under which the proposed action against it is to be taken, and the matters of fact or law asserted as the basis for this action, and either:

(1) Fix a date not less than 20 days after the date of such notice within which the applicant or recipient may request of the Administrator that the matter be scheduled for hearing; or

(2) Advise the applicant or recipient that the matter in question has been set down for hearing at a stated place and time.

The time and place so fixed shall be reasonable and shall be subject to change for cause. The complainant, if any, shall be advised of the time and place of the hearing. An applicant or recipient may waive a hearing and submit written information and argument for the record. The failure of an applicant or recipient to request a hearing under this paragraph or to appear at a hearing for which a date has been set is considered to be a waiver of the right to a hearing under section 602 of the Act and § 15.13 (c) of this part and consent to the making of a decision on the basis of such information as is available.

(b) Time and place of hearing. Hearings shall be held at the offices of the FAA in Washington, D.C., at a time fixed by the Administrator unless he determines that the convenience of the applicant or recipient or of the FAA requires that another place be selected. Hearings shall be held before the Administrator or, at his discretion, before a hearing examiner designated in accordance with section 11 of the Administrative Procedure Act.

(c) Right to counsel. In all proceedings under this section, the applicant or recipient and the FAA have the right to be represented by counsel.

(d) Procedures, evidence, and record. (1) The hearing, decision, and any administrative review thereof shall be conducted in conformity with sections 5 through 8 of the Administrative Procedure Act, and in accordance with such rules of procedure as are proper (and not inconsistent with this section) relating to the conduct of the hearing, giving of notices subsequent to those provided for in paragraph (a) of this section, taking of testimony, exhibits, arguments and briefs, requests for findings, and

other related matters. Both the FAA and the applicant or recipient may introduce all relevant evidence on the issues as stated in the notice for hearing or as determined by the officer conducting the hearing at the outset of or during the hearing.

(2) Technical rules of evidence do not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record are open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made.

(e) Consolidated or Joint Hearings. In cases in which the same or related facts are asserted to constitute noncompliance with this part with respect to two or more programs to which this part applies, or noncompliance with this part and the regulations of one or more other Federal departments or agencies issued under Title VI of the Act, the Administrator may, by agreement with such other departments or agencies where applicable, provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules of procedures not inconsistent with this part. Final decisions in such cases, insofar as this part is concerned, shall be made in accordance with § 15.17.

§ 15.17 Decisions and notices.

(a) Decision by person other than the Administrator. If the hearing is held by a hearing examiner the hearing examiner shall either make an initial decision, if so authorized, or certify the entire record including his recommended findings and proposed decision to the Administrator for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient. Where the initial decision is made by the hearing examiner the applicant or recipient may within 30 days

after the mailing of such notice of initi decision file with the Administrator h exceptions to the initial decision, wit his reasons therefor. In the absence exceptions, the Administrator may o his own motion within 45 days after th initial decision serve on the applicant c recipient a notice that he will review th decision. Upon the filing of such ex ceptions or of such notice of review th Administrator shall review the initia decision and issue his own decisio thereon including the reasons therefo In the absence of either exceptions a notice of review the initial decisio constitutes the final decision of the Ad ministrator.

(b) Decisions on record or review b the Administrator. Whenever a recor is certified to the Administrator for de cision or he reviews the decision of hearing examiner pursuant to paragrap (a) of this section, or whenever the Ad ministrator conducts the hearing, th applicant or recipient shall be give reasonable opportunity to file with hir briefs or other written statements of it contentions, and a copy of the final de cision of the Administrator shall be give in writing to the applicant or recipien and to the complainant, if any.

(c) Decisions on record where a hear ing is waived. Whenever a hearing waived pursuant to § 15.15(a) a decision shall be made by the Administrator of the record and a copy of such decisio shall be given in writing to the applican or recipient, and to the complainant, i

any.

(d) Rulings required. Each decisio of a hearing officer or the Administrato shall set forth his ruling on each finding conclusion, or exception presented, an shall identify the requirement or re quirements imposed by or pursuant t this part with which it is found that th applicant or recipient has failed t comply.

(e) Approval by Administrator. An final decision of any official of the FA (other than the Administrator) tha provides for the suspension or termina tion of, or the refusal to grant or con tinue Federal financial assistance, or th imposition of any other sanction avail able under this part or the Act, shal promptly be transmitted to the Adminis trator, who may personally approve suc decision, may vacate it, or remit or miti gate any sanction imposed.

(f) Content of orders. The final decision, may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in whole or in part, under the program involved, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and this part, including provisions designed to assure that no Federal financial assistance will thereafter be extended under such program to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the Administrator that it will fully comply with this part.

§ 15.19 Judicial review.

Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. § 15.21 Effect on other regulations; forms and instructions.

(a) Effect on other regulations. All regulations, orders, or like directions issued by any official of the FAA before the effective date of this part and which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this part applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction before the effective date of this part. Nothing in this part, however, supersedes any of the following (including future amendments thereof):

(1) Executive Orders 10925 and 11114 and regulations issued thereunder; or

(2) Any other regulations or instructions, insofar as such regulations or instructions prohibit discrimination on the ground 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. The FAA will issue and promptly make available to interested persons forms and detailed instructions and procedures necessary for effectuating this part as applied to programs to which this part applies.

(c) Supervision and coordination. The Administrator may from time to time assign 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 (other than responsibility for final decision as provided in § 15.17), including the achievement of effective coordination and maximum uniformity within the Executive Branch of the Government in the application of title VI and this part to similar programs and in similar situations.

§ 15.23 Definitions.

As used in this part

(a) "Federal financial assistance" includes:

(1) Grants and loans of Federal funds;

(2) The grant or donation of Federal property and interests in property;

(3) The detail of Federal personnel; (4) The sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient; and

(5) Any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

(b) "Program" includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, health, welfare, rehabilitation, housing, or other services, whether provided through employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and including work opportunities), or for the provision of facilities for furnishing services, financial aid or other benefits to individuals. The services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any

services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such nonFederal resources.

(c) "Facility" includes all or any part of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(d) "Recipient" means any State, territory, possession, the District of Columbia, or Puerto Rico, or any political subdivision thereof, or instrumentality thereof, any public or private agency, institution, or organization, or other entity, or any individual, in any State, territory, possession, the District of Columbia, or Puerto Rico, to whom Federal

financial assistance is extended, directly or through another recipient, for any program, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary under any such program.

(e) "Primary recipient" means any recipient that is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.

(f) "Applicant" means a person who submits an application, request, or plan required to be approved by the Administrator, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and "application” means such an application, request, or plan. APPENDIX A-PROGRAMS TO WHICH THIS PART APPLIES

1. Federal-aid Airport Program (Secs. 1-15 and 17-20 of the Federal Airport Act, 49 U.S.C. 1101-1114, 1116-1120).

2. Acquisition of U.S. Land for Public Airports:

a. Section 16 of the Federal Airport Act (49 U.S.C. 1115); and

b. Surplus Property Act (sec. 13(g) of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(g), and sec. 3 of the Act of October 1. 1949, 50 U.S.C. App. 1622b).