28 CFR §42.210

1. (a)If, at the conclusion of 90 days after notification of noncompliance with section 815(c)(1):
   1. (1)Compliance has not been secured by the chief executive of that State or the chief executive of that unit of general local government; and
   2. (2)An administrative law judge has not made a determination under § 42.212 that it is likely the State government or unit of local government will prevail on the merits;
2. (b)If a hearing is requested pursuant to § 42.213, the suspension of funds shall be effective for a period of not more than 30 days after the conclusion of the hearing, or in the absence of a hearing under § 42.213, funds shall be suspended for not more than 120 days, unless there has been an express finding by the Director of OJARS after notice and opportunity for such a hearing, that the recipient is not in compliance with section 815(c)(1) of the JSIA, or this subpart.