45 C.F.R. § 80.8

Procedure for effecting compliance

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(a) General. If there appears to be a failure or threatened failure to comply with this regulation, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law. Such other means may include, but are not limited to, (1) a reference to the Department of Justice with a recommendation that appropriate proceedings be brought to enforce any rights of the United States under any law of the United States (including other titles of the Act), or any assurance or other contractual undertaking, and (2) any applicable proceeding under State or local law.

(b) Noncompliance with § 80.4. If an applicant fails or refuses to furnish an assurance required under § 80.4 or otherwise fails or refuses to comply with a requirement imposed by or pursuant to that section Federal financial assistance may be refused in accordance with the procedures of paragraph (c) of this section. The Department shall not be required to provide assistance in such a case during the pendency of the administrative proceedings under such paragraph except that the Department shall continue assistance during the pendency of such proceedings where such assistance is due and payable pursuant to an application therefor approved prior to the effective date of this part.

(c) Termination of or refusal to grant or to continue Federal financial assistance. No order suspending, terminating or refusing to grant or continue Federal financial assistance shall become effective until (1) the responsible Department official 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 expiration of 30 days after the Secretary 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 to continue Federal financial assistance shall be limited to the particular political entity, or part thereof, or other applicant or recipient as to whom such a finding has been made and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found.

(d) Other means authorized by law. No action to effect compliance by any other means authorized by law shall be taken until (1) the responsible Department official has determined that compliance cannot be secured by voluntary means, (2) the recipient or other person has been notified of its failure to comply and of the action to be taken to effect compliance, and (3) the expiration of at least 10 days from 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 regulation and to take such corrective action as may be appropriate.

(Secs. 601, 602, Civil Rights Act of 1964, 78 Stat. 252 (42 U.S.C. 2000d, 2000d-1; sec. 182, 80 Stat. 1209; (42 U.S.C. 2000d-5)) [29 FR 16298, Dec. 4, 1964, as amended at 32 FR 14556, Oct. 19, 1967; 38 FR 17982, July 5, 1973]

Notes of Decisions

Cited in 55 cases (2 in the last 5 years), 1969–2025 · leading case: Cannon v. Univ. of Chicago, 441 U.S. 677 (1979).

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Cannon v. Univ. of Chicago, 441 U.S. 677 (1979). · cites it 2× “By regulation, see 45 CFR §§ 80.8 (a), 86.71 (1978), HEW has provided that "other means" in § 602 include referral to the Department of Justice for enforcement of rights of the United States under any statute or contractual undertaking.”

Colwell v. Dep't of Health & Human Servs., 558 F.3d 1112 (9th Cir. 2009). · cites it 2× “If a recipient’s compliance cannot be achieved voluntarily, HHS is authorized to discontinue federal financial assistance, 45 C.F.R. § 80.8 (a), but no such discontinuance can take effect until (1) the responsible Department official has advised the applicant or recipient of his…”

William CAULFIELD Et Al., Appellants, v. the Bd. OF Educ. OF the CITY OF NEW YORK Et Al., Appellees, 583 F.2d 605 (2d Cir. 1978). · cites it 3× “§ 2000d: 17 (1) refusal to grant or termination of assistance, (2) other means authorized by law such as a reference to the Department of Justice, 45 C.F.R. § 80.8 (a); 18 and (3) volun *613 tary means.”

Brown v. Califano, 627 F.2d 1221 (D.C. Cir. 1980). · cites it 7× “45 C.F.R. § 80.8 (a) (1979); see p. 239 of 201 U.”

Mildred Lee Rogers v. Frito-Lay, Inc., Howard L. Moon v. Roadway Express, Inc., 611 F.2d 1074 (5th Cir. 1980). · cites it 2× “71 (1978), adopting by reference 45 C.F.R. § 80.8 (1978), with 41 C.F.R. § 60-741.”

Patton Ex Rel. Lewis v. Dumpson, 498 F. Supp. 933 (S.D.N.Y. 1980). · cites it 2× “45 C.F.R. 80.8. The purpose of the hearing is to provide HEW with a forum to initiate final termination proceedings.”

Kenneth Adams v. Terrel H. Bell, Individually, & as Sec'y of the Dep't of Educ., 711 F.2d 161 (D.C. Cir. 1983). · cites it 2× “45 C.F.R. § 80.8 (c). At the hearing conducted by a hearing examiner, the district enjoys the usual protections of an adjudicatory proceeding, including the right to counsel, the right to introduce all relevant evidence, and the right to cross-examine witnesses.”

Nat'l Ass'n v. Wilmington Med. Ctr., Inc., 453 F. Supp. 280 (D. Del. 1978). · cites it 3× “45 C.F.R. § 80.8 (c). The hearing, which is conducted by a hearing examiner, affords the recipient the usual protection of an adjudicatory proceeding such as the right to introduce relevant evidence, the right to counsel, and the right to cross-examine witnesses.”

United States v. Marion Cnty. Sch. Dist., 625 F.2d 607 (5th Cir. 1980). · cites it 2× “See 45 C.F.R. §§ 80.8 (a) & (c), 80.9-80.11, 81.”

Walter Camenisch v. The Univ. of Texas, 616 F.2d 127 (5th Cir. 1980). “See 45 C.F.R. 80.8(a), 80.10(f) (1979). The remedy that emerges from such a hearing process is not designed to aid petitioners like Camenisch at all.”

Nat'l Ass'n v. Wilmington Med. Ctr., Inc., 453 F. Supp. 330 (D. Del. 1978). · cites it 2× “§ 2000d-l; 45 C.F.R. § 80.8 (c). II. THE FACTS. At the time this law suit was commenced in September, 1976, no administrative complaint had been filed by the plaintiffs with the Secretary.”

Kenneth Adams v. Elliot L. Richardson, Individuallyand as Sec'y of the Dep't of Health, Educ. & Welfare, 480 F.2d 1159 (D.C. Cir. 1973). “45 C.F.R. § 80.8 (c). At the hearing conducted by a hearing examiner, the district enjoys the usual protections *1164 of an adjudicatory proceeding, including the right to counsel, the right to introduce all relevant evidence, and the right to cross-examine witnesses.”

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— 45 C.F.R. § 80.8(a) — 2 cases

United States v. State of Texas, 321 F. Supp. 1043 (E.D. Tex. 1970).

— 45 C.F.R. § 80.8(c) — 2 cases

Patton Ex Rel. Lewis v. Dumpson, 498 F. Supp. 933 (S.D.N.Y. 1980). “45 C.F.R. 80.8. The purpose of the hearing is to provide HEW with a forum to initiate final termination proceedings.”

Termination of Fed. Fin. Assistance Under the Civil Rights Act of 1964 (OLC 1977).

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