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$ 1005.16 Form and records of denial.

No request for inspection or copying of records under this part which the requesting person has put in writing shall be denied except in writing. Any denial shall cite the provisions of this part on which the action is based and shall explain the reasons why the provisions cited are considered to support that action. All such denials shall, for purposes of this part, be treated as opinions and shall be maintained and indexed accordingly, subject only to the provisions of $ 1005.3 (c) providing for the deletion of identifying details where necessary to prevent a clearly unwarranted invasion of privacy. 1005.17 Administrative review of de

nials. (a) Any person whose written request has been denied may obtain review of the denial by submitting a request for review to the Deputy Director of the Office within 30 days after issuance of the denial. The 30-day limitation may be waived for good cause. A request for review need not be in any particular form so long as it adequately identifies the decision to be reviewed and sets forth the reasons and arguments on which the person making the request relies.

(b) No personal appearance, oral argument or hearing will ordinarily be permitted on review of a denial. Upon request and a showing of special circumstances, however, this limitation may be waived and an informal conference or appearance arranged with or before the Deputy Director or some official designated by him for this purpose.

(c) The decision of the Deputy Director upon review shall be in writing and shall contain an explanation responsive to the arguments advanced and referring to the provisions of this part on which the decision is based. The decision shall be promptly communicated to the person requesting review and shall constitute the final action of the Office. All such decisions shall be treated as opinions under this part in the same manner as denials described in $ 1005.16.

Sec.
1009.5 Time and place of hearing,
1009.6 Right to counsel.
1009.7 Hearing procedures.
1009.8 Decisions and notices.
1009.9 Other remedies.

AUTHORITY: The provisions of this part 1009 issued under sec. 602, 88 Stat. 528; 42 U.S.C. 2942, as amended.

SOURCE: The provisions of this Part 1009 appear at 32 F.R. 9687, July 4, 1967, unless otherwise noted. $ 1009.1 Purpose and scope.

This part establishes procedural rules for suspension and termination of assistance provided by the Office of Economic Opportunity under Titles II-A, III-B, IV, and VIII of the Economic Opportunity Act of 1964, as amended (herein the “Act”), for failure of a recipient to comply with applicable laws, regulations, Community Action Memoranda, issued program guidelines, assurances or grant conditions. However, this part shall not apply to any administrative action of the Office of Economic Opportunity based in whole or in part upon any violation, or alleged violation of Title VI of the Civil Rights Act of 1964. In the case of such violation, or alleged violation, the provisions of Part 1010, of this Title 45, Code of Federal Regulations, shall apply. § 1009.2 Definitions.

As used in this part

(a) The term "Office" means the Office of Economic Opportunity and includes each Regional Office.

(b) The term "Director" means the Director of the Office of Economic Opportunity, or his delegate, or in the case of a proceeding conducted in a Regional Office, the Regional Director of such office or his delegate.

(c) The term “responsible Office official” with respect to any program receiving assistance means the Director or other official of the Office who by law or by delegation has the principal responsibility within the Office for the administration of the law extending such assistance.

(d) The term "assistance" includes assistance under Titles II-A, III-B, IV, and VIII of the Act, for the provision of which the Office has primary responsibility, in the form of (1) grants and loans of Federal funds, and (2) the assignment or referral of VISTA volunteers.

(e) The term “recipient” means any State, political subdivision of any State,

PART 1009-SUSPENSION AND

TERMINATION OF ASSISTANCE Sec. 1009.1 Purpose and scope. 1009.2 Definitions. 1009.3 Application of this part. 1009.4 Suspension and termination.

ment of such volunteers to work in pro other entity, or any individual, in any grams or activities being carried out by State, to whom Federal financial assistprivate organizations under contract ance is extended, directly or through with the Federal Government or an another recipient thereof, but such term agency thereof), (5) the sale and lease does not include any ultimate beneficiary of, and the permission to use (on other under any such program. than a casual or transient basis), Fed (i) The term "primary recipient" eral property or any interest in such means any recipient which is authorized property without consideration, or at a or required to extend Federal financial nominal consideration, or at a considera assistance to another recipient for the tion which is reduced for the purpose of purpose of carrying out a program. assisting the recipient, or in recognition (j) The term “applicant" means one of the public interest to be served by who submits an application, request, or such sale or lease to the recipient, and plan required to be approved by a re(6) any Federal agreement, arrange sponsible Ofice oficial, or by a primary ment, or other contract which has as one recipient, as a condition to eligibility for of its purposes

the provision of Federal financial assistance, and the assistance.

term "application" means any such ap(f) The term "program" includes any plication, request, or plan. program, project, or activity for the provision of services, financial aid, or other

8 1010.3 Application of this part. benefits to individuals (including educa (a) This part applies to any program tion or training, health, welfare, rehabill for which Federal financial assistance is tation, housing, or other services, authorized under a provision of law adwhether provided through employees of ministered by the Office, including the the recipient of Federal financial assist Federally-assisted programs and activiance or provided by others through con ties listed in Appendix A of this part. It tracts or other arrangements with the applies to money paid, property transrecipient, and including work oppor ferred, or other Federal financial assisttunities and cash or loan or other as ance extended under any such program sistance to individuals), or for the after the effective date of the part purprovision of facilities for furnishing suant to an application approved prior services, financial aid or other benefits to to such effective date. This part does individuals. The services, financial aid, not apply to (a) any Federal financial or other benefits provided under a pro assistance by way of insurance or guargram receiving Federal financial assist anty contracts, (b) money paid, property ance shall be deemed to include any transferred, or other assistance extended services, financial aid, or other benefits under any such program before the effecprovided with the aid of Federal financial tive date of this part, (c) any assistance assistance or with the aid of any non to any individual who is the ultimate Federal funds, property, or other re beneficiary under any such program, or sources required to be expended or made (d) any employment practice, under any available for the program to meet match such program, of any employer, employing requirements or other conditions ment agency, or labor organization, exwhich must be met in order to receive the cept to the extent described in § 1010.4. Federal financial assistance, and to in The fact that a program or activity is clude any services, financial aid, or other not listed in Appendix A shall not mean, benefits provided in or through a facility if Title VI of the Act is otherwise approvided with the aid of Federal financial plicable, that such program is not covassistance or such non-Federal resources. ered. Other programs under statutes

(g) The term "facility” includes all or now in force or hereinafter enacted may any portion of structures, equipment, or be covered by this part after notice is other real or personal property or in published in the FEDERAL REGISTER. terests therein, and the provision of fa (b) The regulations issued by the Decilities includes the construction, expan partment of Agriculture pursuant to sion, renovation, remodeling, alteration Title VI of the Act (7 CFR Part 15) shall or acquisition of facilities.

be applicable to the program of grants (h) The term "recipient” means any and loans authorized under Title III, State, political subdivision of any State, Part A of the Economic Opportunity Act or instrumentality of any State or po of 1964. litical subdivision, any public or private (c) The regulations issued by the Deagency, institution, organization, partment of Labor pursuant to Title VI

or

of the Act (29 CFR Part 31) shall be (vi) Deny an individual an opportuapplicable to the work-training programs nity to participate in the program authorized under Title I, Part B of the through the provision of services or Economic Opportunity Act of 1964.

otherwise or afford him an opportunity (d) The regulations issued by the De to do so which is different from that afpartment of Health, Education, and Wel forded others under the program, infare pursuant to Title VI of the Act (45 cluding the opportunity to participate in CFR Part 80) shall be applicable to the the program as an employee but only to work-study programs, the adult basic the extent set forth in paragraph (c) education programs, and the work ex of this section. perience programs authorized under (2) A recipient in determining the "Title I, Part C; Title II, Part B; and Title types of services, financial aid, or other V of the Economic Opportunity Act of benefits, or facilities which will be pro1964.

vided under any such program, or the (e) The regulations issued by the class of individuals to whom, or the sitSmall Business Administration pursuant uations in which such services, financial to Title VI of the Act (13 CFR Part 112) aid, other benefits, or facilities will be shall be applicable to the program of em provided under any such program, or the ployment and investment incentives au class of individuals to be afforded an opthorized under Title IV of the Economic portunity to participate in any such proOpportunity Act of 1964.

gram, may not, directly or through con§ 1010.4 Discrimination prohibited.

tractual or other arrangements, utilize

criteria or methods of administration (a) General. No person in the United which have the effect of subjecting indiStates shall, on the ground of race, color, viduals to discrimination because of their or national origin be excluded from par race, color, or national origin, or have ticipation in, be denied the benefits of, the effect of defeating or substantially or be otherwise subjected to discrimina impairing accomplishment of the objection under any program to which this tives of the program as respect individpart applies.

uals of a particular race, color, or na(b) Specific discriminatory actions tional origin. prohibited. (1) A recipient under any (3) As used in this section, the servprogram to which this part applies may ices, financial aid, or other benefits pronot, directly or through contractual or vided under a program receiving Federal other arrangements, on the ground of financial assistance shall be deemed to race, color, or national origin;

include any service, financial aid, or (1) Deny an individual any services, other benefit provided in or through a financial aid, or other benefit provided facility provided with the aid of Federal under the program;

financial assistance. (ii) Provide any service, financial aid, (4) The enumeration of specific forms or other benefit to an individual which is

of prohibited discrimination in this paradifferent, or is provided in a different graph and paragraph (c) of this section manner, from that provided to others does not limit the generality of the prounder the program;

hibition in paragraph (a) of this section, (111) Subject an individual to segrega (c) Employment practices. Where a tion or separate treatment in any matter primary objective of the Federal financial related to his receipt of any service, fi assistance to a program or part thereof nancial aid, or other benefit under the to which this part applies is to provide program;

employment, a recipient may not (di(iv) Restrict an individual in any way rectly or through contractual or other in the enjoyment of any advantage or arrangements) subject an individual to privilege enjoyed by others receiving any discrimination on the ground of race, service, financial aid, or other benefit un color, or national origin in its employder the program;

ment practices under such program (in(v) Treat an individual differently cluding recruitment or recruitment adfrom others in determining whether he vertising, employment, layoff or terminasatisfies any admission, enrollment, tion, upgrading, demotion or transfer, quota, eligibility, membership or other rates of pay or other forms of compensarequirement or condition which individ tion, and use of facilities), including prouals must meet in order to be provided grams where a primary objective of the any service, financial aid, or other bene Federal financial assistance is (1) to refit provided under the program;

duce the unemployment of such individ

uals or to help them through employment or be accompanied by an assurance that to meet subsistence needs, (2) to assist the program will be conducted or the such individuals through employment to facility operated in compliance with all meet expenses incident to the commence requirements imposed by or pursuant to ment or continuation of their education this part. In the case of an application or training, or (3) to provide work ex for Federal financial assistance to properience which contributes to the educa vide real property or structures thereon tion or training of such individuals. The the assurance shall obligate the recipient following programs administered by the or, in the case of a subsequent transfer, Office have one of the above objectives the transferee, for the period during as a primary objective:

which the real property or structures are (i) State-operated youth camps which used for a purpose for which the Federal receive assistance pursuant to Section financial assistance is extended, or for 103 of the Economic Opportunity Act another purpose involving the provisions of 1964.

of similar services or benefits. In the (ii) Community Action Programs or case of personal property, the assurance parts thereof which have as a primary shall obligate the recipient for the period objective the provision of employment. during which he retains ownership or

(iii) Programs of assistance for mi possession of the property. In all other grant, and other seasonally employed, cases, the assurance shall obligate the agricultural employees and their fami recipient for the duration of the period lies which have as a primary objective for which Federal financial assistance is the provision of employment.

extended pursuant to the application. (iv) Programs to which VISTA volun The responsible Office official shall teers are referred or assigned and which specify the form of the foregoing assurhave as a primary objective the provi ances for each program, and the extent sion of employment.

to which like assurances will be required The requirements applicable to construc

of subgrantees, contractors and subcontion employment under any such pro

tractors, transferees, successors in intergram shall be those specified in or pur

est, and other participants in the prosuant to Executive Order 11114.

gram. Any such assurance shall include

provisions which give the United States (d) Indian programs. An individual shall not be deemed subjected to dis

à right to seek its judicial enforcement.

(2) The assurances required in the crimination by reason of his exclusion

case of a transfer of real property, except from the benefits of a program limited

where covered by subparagraph (3) of by Federal law to individuals of a par

this paragraph, shall be inserted in the ticular race, color, or national origin dif

instrument effecting the transfer of any ferent from his.

such land, together with any improve(e) Medical emergencies. Notwith

ments located thereon, and shall consist standing the foregoing provisions of this

of (i) a condition coupled with a right section, a recipient of Federal financial

to be reserved to the Office to revert title assistance shall not be deemed to have

to the property in the event of breach failed to comply with paragraph (a) of

of such nondiscrimination condition durthis section if immediate provision of a

ing the period during which the real service or other benefit to an individual

property is used for a purpose for which is necessary to prevent his death or seri

the Federal financial assistance is exous impairment of his health, and such

tended or for another purpose involving service or other benefit cannot be pro

the provision of similar services of benevided except by or through a medical

fits, and (ii) a covenant running with institution which refuses or fails to com

the land for the same period. In the ply with paragraph (a) of this section.

event a transferee of real property pro8 1010.5 Assurances required.

poses to mortgage or otherwise encum(a) General. (1) Every application

ber the real property as security for fifor Federal financial assistance to a pro nancing construction of new, or improvegram to which this part applies, and

ment of existing, facilities on such propevery application for Federal financial

erty for the purposes for which the propassistance to provide a facility shall, as erty was transferred, the Director may a condition to its approval and the ex agree, upon request of the transferee and tension of any Federal financial assist if necessary to accomplish such financance pursuant to the application, contain ing, and upon such conditions as he

deems appropriate, to forbear the exer that the institution's practices in desig. cise of such right to revert title for so nated parts or programs of the institution long as the lien of such mortgage or will in no way affect its practices in the other encumbrance remains effective. program of the institution for which

(3) Transfers of surplus property are Federal financial assistance is sought, or subject to regulations issued by the Ad the beneficiaries of or participants in ministrator of General Services (41 CFR such program. If in any such case the 101-6.2).

assistance sought is for the construction (b) Elementary and secondary schools. of a facility or part of a facility, the asIn the case of any program for the bene surance shall in any event extend to the fit of elementary or secondary school entire facility and to facilities operated students which, as a necessary part of in connection therewith. such program, utilizes to a substantial

$ 1010.6 Illustrative applications. extent the facilities of an elementary or secondary school or school system, the The following examples illustrate some requirements of paragraph (a) of this applications of the foregoing provisions section shall be deemed to be satisfied

to programs of Federal financial assistif such school or school system (1) is

ance administered by the Office of Ecosubject to a final order of a court of the

nomic Opportunity. In all cases, the United States for the desegregation of

“discrimination" prohibited is discrimsuch school or school system, and pro

ination on the ground of race, color, vides an assurance that it will comply or national origin prohibited by Title VI with such order, including any future

of the Act and this part, as a condition of modification of such order, or (2) sub

the receipt of Federal financial assistmits a plan for the desegregation of such

ance. school or school system which the Com

(a) State-operated youth camps. If missioner of Education determines is

assistance is given under Section 108 of adequate to accomplish the purposes of

the Economic Opportunity Act of 1964 ta the Act and this part, and provides rea

a youth camp, or other program to prosonable assurance that it will carry out

vide education, vocational training, work such plan. In any case in which a final

experience or other benefits to young order of a court of the United States for

people, such camp or program must be the desegregation of such school or

conducted in a nondiscriminatory manschool system is entered after submis

ner. There can be no discrimination in sion of such a plan, such plan shall be

the recruitment or selection of enrollees reviscd to conform to such final order,

or trainees in such camp or program, in including any future modification of such

their treatment in the program itself, or order.

in related employment activities. No job (c) Assurances from institutions. (1)

referral can be made on the basis of a In the case of any application for Fed

job order or request containing discrimeral financial assistance to an institution

inatory specifications or in a case in of higher education (including assistance

which employment is given or refused in for construction, for research, for a

a discriminatory manner. special training project, for a student

(b) Community action programs. loan program, or for any other purpose),

Community action programs generally the assurance required by this section

consist of a number of related antishall extend to admission practices and

poverty programs coordinated by & to all other practices relating to the

central community agency, either public treatment of students.

or private non-profit. There can be no (2) The assurance required with re

discrimination in the formulation of spect to an institution of higher educa

groups to conduct any program funded

under Title II, Part A of the Economic tion, hospital, or any other institution, insofar as the assurance relates to the

Opportunity Act of 1964. Nor can any institution's practices with respect to ad

such program be operated in a discrimimission or other treatment of individuals

natory manner. Such a program must as students, patients, or clients of the in

be open to all regardless of race, color, stitution or to the opportunity to partici

or national origin, and must distribute pate in the provision of services or other

its benefits in a non-discriminatory manbenefits to such individuals, shall be ap ner. It may not restrict service to memplicable to the entire institution unless bers of a group or groups if membership the institution establishes, to the satis in the group or groups depends on race, faction of the responsible Office official, color, or national origin.

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