§6713 Suspension and termination of payments in discrimination proceedings

Summary

The Secretary must stop payments to a local government in certain discrimination cases. Payments are suspended if an administrative law judge (ALJ) gives a preliminary decision saying the government is unlikely to show it met the rules in section 6711(a) and (b); if the ALJ later finds the government did not comply and the government does not make a compliance agreement under section 6714 within 30 days after that decision; or when suspension is required under section 6712(c). A suspension ordered after a preliminary decision stays in effect if the ALJ later issues a final noncompliance finding. If an appellate court reverses a discrimination finding, any suspension or termination based on that finding must stop. The Secretary can only restart payments in the specific ways listed in the law. Payments may resume when a compliance agreement is approved or entered under section 6714, when the government fully follows a court or ALJ order that covers everything in the Secretary’s notice of noncompliance under section 6712(a), when a court or ALJ rules the government has complied with section 6711(a) and (b), or when a suspension is ended because an appellate court reversed the discrimination finding. Repayment to injured persons can count as compliance. Payments that were terminated under section 6712(d)(2)(A) can be restarted only if the termination decision is reversed by an appellate court.