Title 45: Public Welfare
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PART 1618—ENFORCEMENT PROCEDURES
Section Contents
§ 1618.1 Purpose.
§ 1618.2 Definition.
§ 1618.3 Complaints.
§ 1618.4 Duties of Recipients.
§ 1618.5 Duties of the Corporation.
Authority:
Secs. 1006(b)(1), 1006(b)(2), 1006(b)(5), 1007(d), 1008(e); (42 U.S.C. 2996e(b)(1), 2996e(b)(2), 2996e(b)(5), 2996f(d), 2996g(e)).
Source:
41 FR 51608, Nov. 23, 1976, unless otherwise noted.§ 1618.1 Purpose.
top
In order to insure uniform and consistent interpretation and application of the Act, and to prevent a question of whether the Act has been violated from becoming an ancillary issue in any case undertaken by a recipient, this part establishes a systematic procedure for enforcing compliance with the Act.
§ 1618.2 Definition.
top As used in this part, Act means the Legal Services Corporation Act or the rules and regulations issued by the Corporation.
§ 1618.3 Complaints.
top A complaint of a violation of the Act by a recipient or an employee may be made to the recipient, the State Advisory Council, or the Corporation.
§ 1618.4 Duties of Recipients.
top A recipient shall:
(a) Advise its employees of their responsibilities under the Act; and
(b) Establish procedures, consistent with the notice and hearing requirements of section 1011 of the Act, for determining whether an employee has violated a prohibition of the Act; and shall establish a policy for determining the appropriate sanction to be imposed for a violation, including:
(1) Administrative reprimand if a violation is found to be minor and unintentional, or otherwise affected by mitigating circumstances;
(2) Suspension and termination of employment; and
(3) Other sanctions appropriate for enforcement of the Act; but
(c) Before suspending or terminating the employment of any person for violating a prohibition of the Act, a recipient shall consult the Corporation to insure that its interpretation of the Act is consistent with Corporation policy.
§ 1618.5 Duties of the Corporation.
top (a) Whenever there is reason to believe that a recipient or an employee may have violated the Act, or failed to comply with a term of its Corporation grant or contract, the Corporation shall investigate the matter promptly and attempt to resolve it through informal consultation with the recipient.
(b) Whenever there is substantial reason to believe that a recipient has persistently or intentionally violated the Act, or, after notice, has failed to take appropriate remedial or disciplinary action to insure compliance by its employees with the Act, and attempts at informal resolution have been unsuccessful, the Corporation may proceed to suspend or terminate financial support of the recipient pursuant to the procedures set forth in part 1612, or may take other action to enforce compliance with the Act.
