Agency:
Scheme Nickname:
Nondiscrimination in federally assisted programs under Title VI
This scheme covers formal proceedings to suspend, terminate, or deny NEA funding to program participants or applicants based on a finding of noncompliance with requirements under Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.), which prohibits recipients of federal financial assistance from discriminating on the basis of race, color, or national origin in the operation of their programs.
Comments/Notes on Adjudication Structure:
Types of Adjudication:
Type A
Comments/Notes on Adjudication Type(s):
The NEA regulations (last revised in 2003) still refer to "hearing examiners," but it is assumed this reference is merely an outdated reference to ALJs. (See 45 CFR 1110.9(b)).
Resources & Articles:
NEA Civil Rights Complaint Process: http://arts.gov/open/civil-rights-office/nea-civil-rights-complaint-process
NEA Complaint Form Package: http://arts.gov/file/civil-rights-office-complaint-package-2013doc
Distinctive Features:
For matters related to nondiscrimination in federally assisted programs arising under Title VI of the Civil Rights Act of 1964, no order to suspend, terminate, or refuse to grant financial assistance can take effect until the (a) Chairman approves of the action, and (b) 30 days have elapsed after the Secretary files a "full written report" of circumstances and ground for action with "the committees of the House and Senate having legislative jurisdiction" over program or activity at issue. (See 45 CFR 110.8(c); see also 42 USC 2000d-1).
Verified by Agency:
Not verified
Is this a Major Adjudication:
No