632.23—Termination and corrective action of a CAP and/or Master Plan.
(a) Emergency Termination.
The Department may terminate or suspend a CAP designation or Master Plan under emergency termination procedures in accordance with section 164(f) of the Act. The provisions in part 636 shall not apply in instances of emergency termination.
(1)
Instances under which emergency termination can occur include but are not limited to: Audit reports identifying numerous adverse findings in the area of financial control and management; information gathered through onsite monitoring which substantiates serious management, fiscal and/or performance problems, information from the Inspector General or gained through incident reports of poor performance, serious administrative problems and/or inability to protect and account for Federal funds.
(2)
Within 30 days of written termination notification to a grantee, the Department will secure applicable documents onsite, seize bank accounts relating to the program, arrange for the payment of legitimate bills and debts and arrange, to the degree feasible, for the continued provision of services to program enrollees.
(b) Termination for Cause.
Termination for cause can occur whenever there is a substantial or persistent violation of the governing rules and regulations or failure to comply with the grant terms and conditions. The following factors will be considered for termination:
(1)
Poor performance and inability to meet Federal standards related to such debt collection requirements as:
(i)
Failure to respond to demand letters from DOL for repayment of debts within the stated timeframe;
(ii)
Failure to comply with an approved repayment agreement revealed through monitoring or subsequent audit;
(iii)
Failure to take necessary corrective action to improve underperformance and to plan for more effective subsequent operations.
(i)
Failure to submit required quarterly financial reports for two successive periods within 45 days after they are due;
(ii)
Failure to submit required quarterly performance reports for two successive periods within 45 days after they are due;
(iii)
Failure to develop a plan of action to correct deficiencies identified in an audit report or by an onsite monitoring review.
(ii)
Failure to comply with the requirements of the Act related to a grievance procedure and other requirements;
(iii)
Failure to submit a required modification within 10 days to adjust the grant award due to reduction in available funds, reductions due to debt collection action, etc.
(c)
In addition, the Department, by written notice, may terminate a grant in whole or in part in the event of a reduction in the funds available or a change in provisions for JTPA title IV, section 401 programs by reason of congressional action.