Page:United States Statutes at Large Volume 90 Part 2.djvu/884

 90 STAT. 2352

PUBLIC LAW 94-488—OCT. 13, 1976 following such determination enters into a compliance agreement or requests a hearing with respect to such determination. " (3) HEARINGS BEFORE ADMINISTRATIVE LAW JUDGE; SUSPENSION O TERMINATION OF PAYMENT OF REVENUE SHARING FUNDS. R

" (A) Hearings requested by a State government or a unit of local govermnent pursuant to paragraph (2) shall begin before an administrative law judge within 30 days after the Secretary receives the request for the hearing. " (B) W i t h i n 30 days after the beginning of the hearing provided under subparagraph (A), the administrative law judge conducting the hearing shall, on the record then before him, issue a preliminary finding (which shall be consistent with subsection (c)(2)) as to whether such government has failed to comply with subsection (a). If the administrative law judge issues a preliminary finding that such government is not likely to prevail, on the basis of the evidence presented, in demonstrating compliance with subsection (a), then the Secretary shall suspend the payment of funds under subtitle A to such government. No such preliminary finding shall be issued in any case where a determination has previously been issued under subparagraph (C). " (C) If, after the completion of such hearing, the administrative law judge issues a determination (consistently with subsection (c)(2)) that such government has failed to comply with subsection (a), then, unless such government enters into a compliance agreement before the 31st day after such issuance, the Secretary, subject to the provisions of subparagraph (D), shall suspend the payment of funds under subtitle A to such government; if a suspension in accordance with subparagraph (B) is still in effect, then, subject to the provisions of subparagraph (D), that suspension is to be continued. " (D) I n the event of a determination described in subparagraph (C), the administrative law judge may, in his discretion, order the termination of payment of funds under subtitle A to such government or unit. " (E) If, after the completion of such hearing, the administrative law judge issues a determination (consistently with subsection (c)(2)) that there has not been a failure to comply with subsection (a), and a suspension is in effect in accordance with subparagraph (B), such suspension shall be promptly discontinued. " (c) HOLDING BY COURT OR GOVERNMENTAL A G E N C Y; F I N D I N G BY SECRETARY.—

31 USC 1221.

42 USC 6101 note. 29 USC 794.

" (1) DESCRIPTION.—A holding is described in this paragraph if it is a holding by a Federal Court, a State Court, or a Federal administrative law judge, with respect to a State government or a unit of local government which expends funds received under subtitle A that such government has, in the case of a person in the United States, excluded such person from participation in, denied such person the benefits of, or subjected such person to discrimination under any program or activity on the ground of race, color, national origin, or sex, or violated any prohibition against discrimination (A) on the basis of age under the Age Discrimination Act of 1975 or (B) with respect to an 'otherwise qualified handicapped individual', as provided in section 504 of the Rehabilitation Act of 1973 or (C) on the basis of religion as provided

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