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Code · CFR · Title 28 — Judicial Administration · Part 42 · § 42.213

§ 42.213. Full hearing.

192 words·~1 min read·/us/cfr/t28/s§ 42.213·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)At any time after notification of noncompliance under § 42.208, but before the conclusion of the 120-day suspension period referred to in § 42.210, a State government or unit of general local government may request a hearing on the record in accordance with 5 U.S.C. 554 in order to contest the findings of determination of noncompliance made under § 42.208. The Office shall initiate the hearing within 60 days of request.
(b)Within 30 days after the conclusion of the hearing, or, in the absence of a hearing, at the conclusion of the 120-day period referred to in § 42.210, the Director of OJARS shall make a finding of compliance or noncompliance.
(1)If the Director makes a finding of noncompliance, the Director shall:
(i)Notify the Attorney General in order that the Attorney General may institute a civil action under section 815(c)(3) of the JSIA;
(ii)Cause to have terminated the payment of funds under the JSIA and/or the Juvenile Justice Act; and
(iii)If appropriate, seek repayment of funds.
(2)If the Director makes a finding of compliance, payment of the suspended funds and reconsideration of applications shall resume.
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§ 42.213
Full hearing.
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