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42 U.S.C. § 5053 — Suspension and termination of financial assistance; procedures; notice and hearing; emergency situations; refunding applications
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director is authorized, in accordance with the provisions of this section, to suspend further payments or to terminate payments under any contract or grant providing assistance under this chapter, whenever the Director determines there is a material failure to comply with the applicable terms and conditions of any such grant or contract. The Director shall prescribe procedures to insure that—
(1) assistance under this chapter shall not be suspended for failure to comply with applicable terms and conditions, except in emergency situations for thirty days;
(2) an application for refunding under this chapter may not be denied unless the recipient has been given (A) notice at least 75 days before the denial of such application of the possibility of such denial and the grounds for any such denial, and (B) opportunity to show cause why such action should not be taken;
(3) in any case where an application for refunding is denied for failure to comply with the terms and conditions of the grant or contract award, the recipient shall be afforded an opportunity for an informal hearing before an impartial hearing officer, who has been agreed to by the recipient and the Agency; and
(4) assistance under this chapter shall not be terminated for failure to comply with applicable terms and conditions unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing.
**(b)** In order to assure equal access to all recipients, such hearings or other meetings as may be necessary to fulfill the requirements of this section shall be held at locations convenient to the recipient agency.
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Source file: Laws/federal/codes/united-states-code/title-42/section-5053-suspension-and-termination-of-financial-assistance-procedures-notice-and--3200341bdc.md
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Source location: Title 42, Chapter 66, § 5053; chapter-066-domestic-volunteer-services.md
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**(a)** The Director is authorized, in accordance with the provisions of this section, to suspend further payments or to terminate payments under any contract or grant providing assistance under this chapter, whenever the Director determines there is a material failure to comply with the applicable terms and conditions of any such grant or contract. The Director shall prescribe procedures to insure that—
(1) assistance under this chapter shall not be suspended for failure to comply with applicable terms and conditions, except in emergency situations for thirty days;
(2) an application for refunding under this chapter may not be denied unless the recipient has been given (A) notice at least 75 days before the denial of such application of the possibility of such denial and the grounds for any such denial, and (B) opportunity to show cause why such action should not be taken;
(3) in any case where an application for refunding is denied for failure to comply with the terms and conditions of the grant or contract award, the recipient shall be afforded an opportunity for an informal hearing before an impartial hearing officer, who has been agreed to by the recipient and the Agency; and
(4) assistance under this chapter shall not be terminated for failure to comply with applicable terms and conditions unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing.
**(b)** In order to assure equal access to all recipients, such hearings or other meetings as may be necessary to fulfill the requirements of this section shall be held at locations convenient to the recipient agency.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 5091, Pub. L. 93–113, title VII, § 701, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3172, set forth purpose of this subchapter.
Section 5091a, Pub. L. 93–113, title VII, § 702, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, authorized Federal grants for Youthbuild projects.
Section 5091b, Pub. L. 93–113, title VII, § 703, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, related to service in construction and rehabilitation projects.
Section 5091c, Pub. L. 93–113, title VII, § 704, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, related to education and job training services.
Section 5091d, Pub. L. 93–113, title VII, § 705, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, set forth permitted uses of funds provided under this subchapter.
Section 5091e, Pub. L. 93–113, title VII, § 706, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, set forth eligibility requirements for participants.
Section 5091f, Pub. L. 93–113, title VII, § 707, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, provided living allowance for full-time program participants.
Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities.
Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating performance of projects.
Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4950
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Because of the long-standing importance of volunteerism throughout American history, it is the policy of the Congress to foster the tradition of volunteerism through greater involvement on the part of individuals of all ages and backgrounds.
**(b)** The purpose of this chapter is to foster and expand voluntary citizen service in communities throughout the Nation in activities designed to help the poor, the disadvantaged, the vulnerable, and the elderly. In carrying out this purpose, the Corporation for National and Community Service shall utilize to the fullest extent the programs authorized under this chapter, coordinate with other Federal, State, and local agencies, expand relationships with, and support for, the efforts of civic, community, and educational organizations, and utilize the energy, innovative spirit, experience, and skills of all Americans.
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Federal law — U.S. Code and appendices · legal_authorities
Page 6287
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5055
opportunity for an informal hearing before an
impartial hearing officer, who has been agreed
to by the recipient and the Agency; and
(4) assistance under this chapter shall not be
terminated for failure to comply with applica-
ble terms and conditions unless the recipient
has been afforded reasonable notice and oppor-
tunity for a full and fair hearing.
(b) In order to assure equal access to all recipi-
ents, such hearings or other meetings as may be
necessary to fulfill the requirements of this sec-
tion shall be held at locations convenient to the
recipient agency.
(Pub. L. 93–113, title IV, § 412, Oct. 1, 1973, 87
Stat. 411; Pub. L. 98–288, § 22, May 21, 1984, 98
Stat. 195; Pub. L. 99–551, § 10(i)(8), Oct. 27, 1986,
100 Stat. 3078.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–113, Oct. 1, 1973,
87 Stat. 394, known as the Domestic Volunteer Service
Act of 1973, which is classified principally to this chap-
ter. For complete classification of this Act to the Code,
see Short Title note set out under section 4950 of this
title and Tables.
AMENDMENTS
1986—Subsec. (a). Pub. L. 99–551 substituted ‘‘the Di-
rector’’ for ‘‘he’’ before ‘‘determines’’ in first sentence.
1984—Subsec. (a). Pub. L. 98–288 designated existing
provisions as subsec. (a), substituted a semicolon for
‘‘nor shall an application for refunding under this chap-
ter be denied, unless the recipient has been given rea-
sonable notice and opportunity to show why such ac-
tion should not be taken; and’’ in par. (1), added pars.
(2) and (3), redesignated former par. (2) as (4), and added
subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECT
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