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Title 42 — The Public Health and Welfare

Chapter 113 — State Justice Institute

§ 10708. Administrative provisions

Statutory text

(a)

The Institute shall prescribe procedures to ensure that financial assistance under this chapter shall not be suspended unless the grantee, contractor, person, or entity receiving financial assistance under this chapter has been given reasonable notice and opportunity to show cause why such actions should not be taken.

(b)

Except as provided by Federal law other than this chapter, no officer or employee of the Institute, and no recipient of assistance under this chapter, may use or reveal any research or statistical information furnished under this chapter by any person and identifiable to any specific private person for any purpose other than the purpose for which the information was obtained in accordance with this chapter. Such information and copies thereof shall be immune from legal process, and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceedings.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. State Justice Institute Act of 1984

    Pub. L. 98–620 title II § 209 · 98 Stat. 3335

    Enacted · 42 U.S.C. § 10708

    Pub. L. 98–620, title II, § 209, Nov. 8, 1984, 98 Stat. 3344

    Source evidence

    Code source credit
    Pub. L. 98–620, title II, § 209, Nov. 8, 1984, 98 Stat. 3344

    Enacted provision · exact public law section
    Sec. 209. special procedures The Institute shall prescribe procedures to ensure that— (1) financial assistance under this title shall not be suspended unless the grantee, contractor, person, or entity receiving financial assistance under this title has been given reasonable notice and opportunity to show cause why such actions should not be taken; and (2) financial assistance under this title shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the recipient has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Institute to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Institute in accordance with procedures established in regulations promulgated by the Institute.

  2. Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 title VI § 606 · 102 Stat. 4642

    1. Substituted · 42 U.S.C. § 10708

      Pub. L. 100–702 substituted “Administrative provisions” for “Special procedures” in section catchline

    2. Amended · 42 U.S.C. § 10708

      Pub. L. 100–702 amended text generally, changing structure of section from a single unlettered paragraph to one consisting of subsecs. (a) and (b)

    Source evidence

    Code amendment note
    Pub. L. 100–702 substituted “Administrative provisions” for “Special procedures” in section catchline, and amended text generally, changing structure of section from a single unlettered paragraph to one consisting of subsecs. (a) and (b).

    Enacted provision · exact public law section
    SEC. 606. PROCEDURES FOR SUSPENSION OF FUNDING; RESTRICTIONS ON DISCLOSURE OF INFORMATION. Section 209 of the State Justice Institute Act of 1984 (42 U.S.C. 10708) is amended to read as follows: “Sec. 209. “administrative provisions (a) The Institute shall prescribe procedures to ensure that financial assistance under this title shall not be suspended unless the grantee, contractor, person, or entity receiving financial assistance under this title has been given reasonable notice and opportunity to show cause why such actions should not be taken. “(b) Except as provided by Federal law other than this title, no officer or employee of the Institute, and no recipient of assistance under this title, may use or reveal any research or statistical information furnished under this title by any person and identifiable to any specific private person for any purpose other than the purpose for which the information was obtained in accordance with this title. Such information and copies thereof shall be immune from legal process, and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceedings.”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–620, , 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables.

Amendments

1988—Pub. L. 100–702 substituted “Administrative provisions” for “Special procedures” in section catchline, and amended text generally, changing structure of section from a single unlettered paragraph to one consisting of subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , see section 216 of Pub. L. 98–620, set out as a note under section 10701 of this title.

Credits

1984–1988 · 2 acts
  1. 1984Pub. L. 98–620, title II, § 209, , 98 Stat. 3344
  2. 1988Pub. L. 100–702, title VI, § 606, , 102 Stat. 4653.
Show as published

(Pub. L. 98–620, title II, § 209, , 98 Stat. 3344; Pub. L. 100–702, title VI, § 606, , 102 Stat. 4653.)

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