§ 2996j. Special limitations

Statutory text

The Corporation shall prescribe procedures to insure that—

financial assistance under this subchapter shall not be suspended unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been given reasonable notice and opportunity to show cause why such action should not be taken; and

financial assistance under this subchapter 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 grantee, contractor, or person or entity receiving financial assistance under this subchapter 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 Corporation to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Corporation in accordance with procedures established in regulations promulgated by the Corporation.

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.

1974
Economic Opportunity Act of 1964
Pub. L. 88–452 title X § 1011 · 78 Stat. 508
Enacted · 42 U.S.C. § 2996j
Pub. L. 88–452, title X, § 1011, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388
Source evidence
Code source credit
Pub. L. 88–452, title X, § 1011, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388
1977
Legal Services Corporation Act Amendments of 1977
Pub. L. 95–222 § 16 · 91 Stat. 1619
Inserted · 42 U.S.C. § 2996j(2)
Pub. L. 95–222 inserted provisions relating to function and appointment of an independent hearing examiner, and the time for any hearings
Source evidence
Code amendment note
Par. (2). Pub. L. 95–222 inserted provisions relating to function and appointment of an independent hearing examiner, and the time for any hearings.
Enacted provision · exact public law section
Sec. 16. hearing examiners Section 1011(2) of the Legal Services Corporation Act (42 U.S.C. 2996j (2)) is amended by inserting before the period at the end thereof a comma and “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 Corporation to terminate Appointment. financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Corporation in accordance with procedures established in regulations promulgated by the Corporation”.
Effective date note
Amendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1977—Par. (2). Pub. L. 95–222 inserted provisions relating to function and appointment of an independent hearing examiner, and the time for any hearings.

Statutory Notes and Related Subsidiaries

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title.

Credits

1974–1977 · 2 acts

1974Pub. L. 88–452, title X, § 1011, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388
1977amended Pub. L. 95–222, § 16, Dec. 28, 1977, 91 Stat. 1624.

Show as published

(Pub. L. 88–452, title X, § 1011, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388; amended Pub. L. 95–222, § 16, Dec. 28, 1977, 91 Stat. 1624.)