[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR7.130]

[Page 149-150]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 7_NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY--Table of Contents
 
                 Subpart E_Agency Compliance Procedures
 
Sec. 7.130  Actions available to EPA to obtain compliance.

    (a) General. If compliance with this part cannot be assured by 
informal means, EPA may terminate or refuse to award or to continue 
assistance. EPA may also use any other means authorized by law to get 
compliance, including a referral of the matter to the Department of 
Justice.
    (b) Procedure to deny, annul, suspend or terminate EPA assistance--
(1) OCR finding. If OCR determines that an applicant or recipient is not 
in compliance with this part, and if compliance cannot be achieved 
voluntarily, OCR shall make a finding of noncompliance. The OCR will 
notify the applicant or recipient (by registered mail, return receipt 
requested) of the finding, the action proposed to be taken, and the 
opportunity for an evidentiary hearing.
    (2) Hearing. (i) Within 30 days of receipt of the above notice, the 
applicant or recipient shall file a written answer, under oath or 
affirmation, and may request a hearing.
    (ii) The answer and request for a hearing shall be sent by 
registered mail, return receipt requested, to the Chief Administrative 
Law Judge (ALJ) (A-110), United States Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460. Upon receipt of a 
request for a hearing, the ALJ will send the applicant or recipient a 
copy of the ALJ's procedures. If the recipient does not request a 
hearing, it shall be deemed to have waived its right to a hearing, and 
the OCR finding shall be deemed to be the ALJ's determination.
    (3) Final decision and disposition. (i) The applicant or recipient 
may, within 30 days of receipt of the ALJ's determination, file with the 
Administrator

[[Page 150]]

its exceptions to that determination. When such exceptions are filed, 
the Administrator may, within 45 days after the ALJ's determination, 
serve to the applicant or recipient, a notice that he/she will review 
the determination. In the absence of either exceptions or notice of 
review, the ALJ's determination shall constitute the Administrator's 
final decision.
    (ii) If the Administrator reviews the ALJ's determination, all 
parties shall be given reasonable opportunity to file written 
statements. A copy of the Administrator's decision will be sent to the 
applicant or recipient.
    (iii) If the Administrator's decision is to deny an application, or 
annul, suspend or terminate EPA assistance, that decision becomes 
effective thirty (30) days from the date on which the Administrator 
submits a full written report of the circumstances and grounds for such 
action to the Committees of the House and Senate having legislative 
jurisdiction over the program or activity involved. The decision of the 
Administrator shall not be subject to further administrative appeal 
under EPA's General Regulation for Assistance Programs (40 CFR part 30, 
subpart L).
    (4) Scope of decision. The denial, annulment, termination or 
suspension shall be limited to the particular applicant or recipient who 
was found to have discriminated, and shall be limited in its effect to 
the particular program or activity or the part of it in which the 
discrimination was found.

[49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003]