§ 1234e. Cease and desist orders
454 words·~2 min read·
/usc/title-20/section-1234eA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Issuance and contents of complaint In accordance with section 1234c of this title, the Secretary may issue to a recipient under an applicable program a complaint which—
(1)describes the factual and legal basis for the Secretary’s belief that the recipient is failing to comply substantially with a requirement of law; and
(2)contains a notice of a hearing to be held before the Office on a date at least 30 days after the service of the complaint.
(b)Appearance contesting order The recipient upon which a complaint has been served shall have the right to appear before the Office on the date specified and to show cause why an order should not be entered by the Office requiring the recipient to cease and desist from the violation of law charged in the complaint.
(c)Report; issuance of cease and desist order The testimony in any hearing held under this section shall be reduced to writing and filed with the Office. If upon that hearing the Office is of the opinion that the recipient is in violation of any requirement of law as charged in the complaint, the Office shall—
(1)make a report in writing stating its findings of fact; and
(2)issue to the recipient an order requiring the recipient to cease and desist from the practice, policy, or procedure which resulted in the violation.
(d)Report and order as final agency action The report and order of the Office under this section shall become the final agency action when the recipient receives the report and order.
(e)Enforcement of final order The Secretary may enforce a final order of the Office under this section which becomes final agency action by—
(1)withholding from the recipient any portion of the amount payable to it, including the amount payable for administrative costs, under the applicable program; or
(2)certifying the facts to the Attorney General who shall cause an appropriate proceeding to be brought for the enforcement of the order.
(Pub. L. 90–247, title IV, § 456, as added Pub. L. 95–561, title XII, § 1232, Nov. 1, 1978, 92 Stat. 2351; amended Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 355.)
Connections23 cite this · traces to 3
Cited by 23 sections · top 22
statutes-at-large
statute-compilations
bill
- Sec. 6State Plan and Report Requirements and Enforcement
- Sec. 5State plan and enforcement
- Sec. 8Enforcement
- Sec. 5State plan and enforcement
- Sec. 6State Plan and Report Requirements and Enforcement
- Sec. 5State plan and enforcement
- Sec. 6State plan and report requirements and enforcement
- Sec. 5State plan and enforcement
- Sec. 201State plan and enforcement
- Sec. 103Enforcement by the Office for Civil Rights
- Sec. 201State plan and enforcement
- Sec. 5State plan and enforcement
- Sec. 201State plan and enforcement
- Sec. 201State plan and enforcement
- Sec. 103Enforcement by the Office for Civil Rights
- Sec. 201State plan and enforcement
- Sec. 201State plan and enforcement
Traces to 3 documents
7 references not yet in our index
- Pub. L. 90–247, title IV, § 456
- Pub. L. 95–561, title XII, § 1232
- 92 Stat. 2351
- Pub. L. 100–297, title III, § 3501(a)
- 102 Stat. 355
- Pub. L. 100–297
- section 3501(b) of Pub. L. 100–297
Citation graph
cites case law
§ 1234e
Cease and desist orders
Bills×17
U.S.C.×3
Stat.×2
Stat. Comp.×1
Pub. L.Pub. L. 90–247, title IV, § 456
Pub. L.Pub. L. 95–561, title XII, § 1232
Stat.92 Stat. 2351
Pub. L.Pub. L. 100–297, title III, § 3501(a)
Stat.102 Stat. 355
Cites 10 · showing 8Cited by 23 across 4 sources