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Code of Federal Regulations Title 28. Judicial Administration § 28.42.213 Full hearing

Current as of January 02, 2025 | Updated by Findlaw Staff

(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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Cite this article: FindLaw.com - Code of Federal Regulations Title 28. Judicial Administration § 28.42.213 Full hearing - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-28-judicial-administration/cfr-sect-28-42-213/

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