Encl. (1) to COMDTINST 5350.20A
(d) Other means authorized by law. No action to effect compliance with title VI of the
Act by any other means authorized by law shall be taken by this Department until:
(1) The Secretary has determined that compliance cannot be secured by voluntary
means;
(2) The recipient or other person has been notified of its failure to comply and of the
action to be taken to effect compliance; and
(3) The expiration of at least 10 days from the mailing of such notice to the recipient or
other person. During this period of at least 10 days, additional efforts shall be made to
persuade the recipient or other person to comply with the regulation and to take such
corrective action as may be appropriate.
Sec. 21.15 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing is required by Sec.
21.13(c), reasonable notice shall be given by registered or certified mail, return receipt
requested, to the affected applicant or recipient. This notice shall advise the applicant or
recipient of the action proposed to be taken, the specific provision under which the
proposed action against it is to be taken, and the matters of fact or law asserted as the
basis for this action, and either:
(1) Fix a date not less than 20 days after the date of such notice within which the
applicant or recipient may request of the Secretary that the matter be scheduled for
hearing; or
(2) Advise the applicant or recipient that the matter in question has been set down for
hearing at a stated place and time. The time and place so fixed shall be reasonable and
shall be subject to change for cause. The complainant, if any, shall be advised of the time
and place of the hearing. An applicant or recipient may waive a hearing and submit
written information and argument for the record. The failure of an applicant or recipient
to request a hearing under this paragraph or to appear at a hearing for which a date has
been set shall be deemed to be a waiver of the right to a hearing under section 602 of the
Act and Sec. 21.13(c) and consent to the making of a decision on the basis of such
information as is available.
(b) Time and place of hearing. Hearings shall be held at the offices of the Department
in Washington, DC, at a time fixed by the Secretary unless he determines that the
convenience of the applicant or recipient or of the Department requires that another place
be selected. Hearings shall be held before the Secretary, or at his discretion, before a
hearing examiner appointed in accordance with section 3105 of title 5, United States
Code, or detailed under section 3344 of title 5, United States Code.
(c) Right to counsel. In all proceedings under this section, the applicant or recipient
and the Department shall have the right to be represented by counsel.
(d) Procedures, evidence, and record. (1) The hearing, decision, and any administrative
review thereof shall be conducted in conformity with sections 554 through 557 of title 5,
United States Code, and in accordance with such rules of procedure as are proper (and
not inconsistent with this section) relating to the conduct of the hearing, giving of notices
subsequent to those provided for in paragraph (a) of this section, taking of testimony,
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