U.S. Code » Title 42 » Chapter CHAPTER 34— ECONOMIC OPPORTUNITY PROGRAM › Subchapter SUBCHAPTER X— LEGAL SERVICES CORPORATION

42 U.S.C. § 2996j

Special limitations

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The Corporation shall prescribe procedures to insure that—(1) financial assistance under this subchapter shall not be suspended unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been given reasonable notice and opportunity to show cause why such action should not be taken; and(2) financial assistance under this subchapter shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Corporation to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Corporation in accordance with procedures established in regulations promulgated by the Corporation.(Pub. L. 88–452, title X, § 1011, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388; amended Pub. L. 95–222, § 16, Dec. 28, 1977, 91 Stat. 1624.)Editorial NotesAmendments

1977—Par. (2). Pub. L. 95–222 inserted provisions relating to function and appointment of an independent hearing examiner, and the time for any hearings.

Statutory Notes and Related SubsidiariesEffective Date of 1977 Amendment

Amendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title.

Notes of Decisions
Cited in 16 cases, 1978–2010 · leading case: Legal Aid Servs. of or. v. Legal Servs. Corp., 608 F.3d 1084 (9th Cir. 2010).
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Legal Aid Servs. of or. v. Legal Servs. Corp., 608 F.3d 1084 (9th Cir. 2010). · cites it 2× “has been given reasonable notice and opportunity to show cause why such action should not be taken," 42 U.S.C. § 2996j(1), and that grantees are entitled to a pre-deprivation hearing before "an independent hearing examiner," id.”
San Juan Legal Servs., Inc. v. Legal Servs. Corp., San Juan Legal Servs., Inc. v. Legal Servs. Corp., 655 F.2d 434 (1st Cir. 1981). · cites it 3× “San Juan then asked for a hearing before an independent hearing examiner pursuant to 42 U.S.C. § 2996j. 4 The *437 hearing was held in San Juan, Puerto Rico; it started on October 2, 1978, and terminated on October 20.”
Massachusetts Law Reform Inst. v. Legal Servs. Corp., 581 F. Supp. 1179 (D.D.C. 1984). · cites it 4× “5 The grant agreements also cautioned that the grants “are awarded on a non-recurring basis and do not affect [the centers’] annual funding level” and that a decision not to renew the grants would not “constitute a denial of refunding within the meaning of section 1011 of the…”
Massachusetts Law Reform Inst., Inc. v. Legal Servs. Corp., 601 F. Supp. 415 (D.D.C. 1984). · cites it 8× “1982) would not “constitute a denial of refunding within the meaning of section 1011 of the Legal Services Corporation Act [42 U.S.C. § 2996j].” See, e.g. Rodgers Aff.”
Newman v. Legal Servs. Corp., 628 F. Supp. 535 (D.D.C. 1986). “LSC has the power to promulgate regulations which must be published in the Federal Register, LSC is subject to the Freedom of Information Act, see 42 U.S.C. § 2996d(g), and LSC is prohibited from terminating recipients of its funds without providing notice and an opportunity for…”
Legal Aid Servs. of or. v. Legal Servs. Corp., 587 F.3d 1006 (9th Cir. 2009). · cites it 2× “has been given reasonable notice and opportunity to show cause why such action should not be taken," 42 U.S.C. § 2996j(1), and that grantees are entitled to a pre-deprivation hearing before "an independent hearing examiner," id.”
East Arkansas Legal Servs., a Corp. v. Legal Servs. Corp., 742 F.2d 1472 (D.C. Cir. 1984). · cites it 9× “EALS brought this suit against appellants, the Corporation and three of its officials, to enjoin them from withholding any funds until the Corporation granted EALS a hearing pursuant to 42 U.S.C. § 2996j (1976 & Supp. V 1981) and 45 C.”
Grassley v. Legal Servs. Corp., 535 F. Supp. 818 (S.D. Iowa 1982). “42 U.S.C. § 2996j. See 42 U.S.C. §§ 2996e(b)(1)(A), 2996e(b)(2).”
Nat'l Clearinghouse for Legal Servs., Inc. v. Legal Servs. Corp., 674 F. Supp. 37 (D.D.C. 1987). · cites it 2× “In its original complaint Clearinghouse alleged that LSC had violated Section 1011 of the Act, 42 U.S.C. § 2996j, in suspending or terminating its financial assistance without the hearing the statute requires.”
Legal Servs. Corp., Etc. v. Ehrlich, 457 F. Supp. 1058 (D. Maryland 1978). · cites it 2× “42 U.S.C. § 2996j(2). 29 . 45 C.F.R. §§ 1603 , 1606.”
Spokane Cnty. Legal Servs., Inc. v. Legal Servs. Corp., 614 F.2d 662 (9th Cir. 1980). · cites it 2× “” [42 U.S.C. § 2996j (1976)] Effective December 28, 1977, section 1011 was amended to read: “The Corporation shall prescribe procedures to insure that— “(1) financial assistance under this [Act] shall not be suspended unless the grantee, contractor, or person or entity receiving…”
Neighborhood Legal Servs., Inc. v. Legal Servs. Corp., 466 F. Supp. 1148 (D. Conn. 1979). “The Corporation provided NLS with interim funding not only during the time the matter was pending before the President, but for an additional 30 days after his decision.”
Show all 16 citing cases →
— 42 U.S.C. § 2996j(1) — 3 cases
Legal Aid Servs. of or. v. Legal Servs. Corp., 608 F.3d 1084 (9th Cir. 2010). “has been given reasonable notice and opportunity to show cause why such action should not be taken," 42 U.S.C. § 2996j(1), and that grantees are entitled to a pre-deprivation hearing before "an independent hearing examiner," id.”
Legal Aid Servs. of or. v. Legal Servs. Corp., 587 F.3d 1006 (9th Cir. 2009). “has been given reasonable notice and opportunity to show cause why such action should not be taken," 42 U.S.C. § 2996j(1), and that grantees are entitled to a pre-deprivation hearing before "an independent hearing examiner," id.”
Legal Aid Servs. of Oregon v. Legal Servs. Corp. (9th Cir. 2009).
— 42 U.S.C. § 2996j(2) — 6 cases
Massachusetts Law Reform Inst. v. Legal Servs. Corp., 581 F. Supp. 1179 (D.D.C. 1984). “5 The grant agreements also cautioned that the grants “are awarded on a non-recurring basis and do not affect [the centers’] annual funding level” and that a decision not to renew the grants would not “constitute a denial of refunding within the meaning of section 1011 of the…”
Neighborhood Legal Servs., Inc. v. Legal Servs. Corp., 466 F. Supp. 1148 (D. Conn. 1979). “The Corporation provided NLS with interim funding not only during the time the matter was pending before the President, but for an additional 30 days after his decision.”
Massachusetts Law Reform Inst., Inc. v. Legal Servs. Corp., 601 F. Supp. 415 (D.D.C. 1984). “1982) would not “constitute a denial of refunding within the meaning of section 1011 of the Legal Services Corporation Act [42 U.S.C. § 2996j].” See, e.g. Rodgers Aff.”
East Arkansas Legal Servs., a Corp. v. Legal Servs. Corp., 742 F.2d 1472 (D.C. Cir. 1984). “EALS brought this suit against appellants, the Corporation and three of its officials, to enjoin them from withholding any funds until the Corporation granted EALS a hearing pursuant to 42 U.S.C. § 2996j (1976 & Supp. V 1981) and 45 C.”
Nat'l Clearinghouse for Legal Servs., Inc. v. Legal Servs. Corp., 674 F. Supp. 37 (D.D.C. 1987). “In its original complaint Clearinghouse alleged that LSC had violated Section 1011 of the Act, 42 U.S.C. § 2996j, in suspending or terminating its financial assistance without the hearing the statute requires.”
— 42 U.S.C. § 2996j(l) — 3 cases
Legal Aid Servs. of or. v. Legal Servs. Corp., 587 F.3d 1006 (9th Cir. 2009). “has been given reasonable notice and opportunity to show cause why such action should not be taken," 42 U.S.C. § 2996j(1), and that grantees are entitled to a pre-deprivation hearing before "an independent hearing examiner," id.”
Legal Servs. Corp., Etc. v. Ehrlich, 457 F. Supp. 1058 (D. Maryland 1978). “42 U.S.C. § 2996j(2). 29 . 45 C.F.R. §§ 1603 , 1606.”
East Arkansas Legal Servs., a Corp. v. Legal Servs. Corp., 742 F.2d 1472 (D.C. Cir. 1984). “EALS brought this suit against appellants, the Corporation and three of its officials, to enjoin them from withholding any funds until the Corporation granted EALS a hearing pursuant to 42 U.S.C. § 2996j (1976 & Supp. V 1981) and 45 C.”
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