review of plans

review of plans Sec. 108. (a) The Secretary shall not approve a comprehensive manpower plan or any amendment thereto until he determines that it meets the requirements of section 105, and in the case of a State plan section 106, and that the plan was submitted to, and an opportunity to comment thereon provided, the Governor of the State and appropriate officials in units of general local government of the area to ne served. (b) (1) The Secretary shall not finally disapprove any comprehensive manpower plan submitted under this title, or any modifications thereof, without first affording the prime sponsor submitting the plan reasonable notice and opportunity for a hearing. (2) If the Secretary receives a formal allegation from an affected unit of genera] local government that a prime sponsor has changed its comprehensive manpower plan so that it no longer complies with section 105 or that in the administration of the plan there is a failure to comply substantially with any such provision, with any provision of the plan, or with any requirements of section 603 or 604, he shall, and, if he receives such an allegation from any other interested person, he may, or, if such allegation is supported by substantial evidence, he shall, after due notice and opportunity for a hearing to the prime sponsor, determine whether the allegation is true, 1 f he determines such an allegation to be true, the Secretary shall notify the prime sponsor that no further payments will be made to the prime sponsor under the plan (or, in his discretion, that further payments will be limited to programs under or portions of the plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until lie is so satisfied, the Secretary shall make no further payments to such sponsor under the plan (or shall limit payments to programs under the plan not affected by the failure). (c) The Secretary’ shall not disapprove any plan solely because of the percentage of funds devoted to a particular program or activity authorized under section 101 of this Act. (d) Whenever the Secretary determines, after notice and oppor-87 Stat. 848 tunity for a public hearing, that any prime sponsor designated to serve under this Act is— (1) maintaining a pattern or practice of disc’imination in violation of section 603(1) or section 612(a) of this Act or otherwise failing to serve equitably the economically disadvantaged, unemployed, or underemployed persons in the area it serves; (2) incurring unreasonable administrative costs in the conduct of activities and programs, as determined pursuant to regulation; (3) failing to give due consideration to continued funding of programs of demonstrated effectiveness including those previously conducted under provisions of law repealed by section 614 of this Act; or (4) otherwise materially failing to carry out the purposes and provisions of this Act; the Secretary shall revoke the prime sponsor’s plan for the area, in whole or in part, and to the extent necessary and appropriate shall not make any further payments to such prime sponsor under this Act, and he shall notify such sponsor to return to him ail or part of the unexpended sums paid under this Act during that fiscal year.