Title 28: Judicial Administration
PART 42—NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES
Subpart D—Nondiscrimination in Federally Assisted Programs—Implementation of Section 815(c)(1) of the Justice System Improvement Act of 1979
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§ 42.211 Resumption of suspended funds.
(a) Payment of suspended funds made available under the JSIA or the Juvenile Justice Act shall resume only if—
(1) Such State government or unit of general local government enters into a compliance agreement signed by the Director of OJARS in accordance with §42.209;
(2) Such State government or unit of general local government:
(i) Complies fully with the final order or judgment of a Federal or State court, if that order or judgement covers all matters raised by the Director of OJARS in the notice pursuant to §42.208, or
(ii) Is found to be in compliance with section 815(c)(1) of the JSIA by such court;
(3) After a hearing, the Director of OJARS, pursuant to §42.213, finds that noncompliance has not been demonstrated; or
(4) An administrative law judge has determined, under §42.212, that it is likely that the State government or unit of local government will prevail on the merits.
(b) Full compliance with a court order, for the purposes of paragraph (2) of this section, includes the securing of an agreement to comply over a period of time, particularly in complex cases or where compliance would require an extended period of time for implementation.
