Page:United States Statutes at Large Volume 93.djvu/1234

 93 STAT. 1202 Ante, p. 1179.

PUBLIC LAW 96-157—DEC. 27, 1979

under part D if an applicant fails to submit such an annual performance report. "(c) The procedures established to implement the provisions of this title shall minimize paperwork and prevent needless duplication and unnecessary delays in award and expenditure of funds at all levels of government. NOTICE AND HEARING ON DENIAL OR TERMINATION OF GRANT

42 USC 3783.

Notice of discontinuance or termination of grants.

Rehearings.

"SEC. 803. (a) Whenever, after reasonable notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code, the National Institute of Justice, the Bureau of Justice Statistics, or the Law Enforcement Assistance Administration finds that a recipient of their respective assistance under this title has failed to comply substantially with— "(1) any provision of this title; "(2) any regulations or guidelines promulgated under this title; or "(3) any application submitted in accordance with the provisions of this title, or the provisions of any other applicable Federal Act; they, until satisfied that there is no longer any such failure to comply, shall— "(A) terminate payments to the recipient under this title; "(B) reduce payments to the recipient under this title by an amount equal to the amount of such payments which were not expended in accordance with this title; or "(C) limit the availability of payments under this title to programs, projects, or activities not affected by such failure to comply. "(b) If a State grant application filed under part D or any grant application filed under any other part of this title has been rejected or a State applicant under part D or an applicant under any other part of this title has been denied a grant or has had a grant, or any portion of a grant, discontinued, terminated or has been given a grant in a lesser amount that such applicant believes appropriate under the provisions of this title, the National Institute of Justice, the Bureau of Justice Statistics, or the Law Enforcement Assistance Administration, as appropriate, shall notify the applicant or grantee of its action and set forth the reason for the action taken. Whenever such an applicant or grantee requests a hearing, the National Institute of Justice, the Bureau of Justice Statistics, the Law Enforcement Assistance Administration, or any authorized officer thereof, is authorized and directed to hold such hearings or investigations, including hearings on the record in accordance with section 554 of title 5, United States Code, at such times and places as necessary, following appropriate and adequate notice to such applicant; and the findings of fact and determinations made with respect thereto shall be final and conclusive, except as otherwise provided herein. "(c) If such recipient is dissatisfied with the findings and determinations of the Law Enforcement Assistance Administration, the Bureau of Justice Statistics, or the National Institute of Justice, following notice and hearing provided for in subsection (a), a request may be made for rehearing, under such regulations and procedures as such Administration, Bureau, or Institute, as the case may be, may establish, and such recipient shall be afforded an opportunity to present such additional information as may be deemed appropriate and pertinent to the matter involved.

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