Section 1500-01-03-.04 - ASSURANCE REQUIRED(1) General (a) Every application for Federal financial assistance to carry out a program to which this regulation applies, and every application for Federal financial assistance to provide a facility shall, as a condition to its approval and the extension of any Federal financial assistance pursuant to the application, contain or be accompanied by an assurance that the program will be conducted or the facility operated in compliance with all requirements imposed by or pursuant to this subparagraph. In the case where the Federal financial assistance is to provide or is in the form of personal property, or real property or interest therein or structures thereon, such assurance shall obligate the recipient, or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, such assurance shall obligate the recipient for the period during which Federal financial assistance is extended pursuant to the application.(b) In the case of real property, structures or improvements thereon, or interest therein, which was acquired through a program of Federal financial assistance, or in the case where Federal financial assistance is provided in the form of a transfer of real property or interest therein from the Federal Government, the instrument effecting or recording the transfer shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. Where no transfer of property is involved, but property is improved under a program of Federal financial assistance, the recipient shall agree to include such a covenant in any subsequent transfer of such property.(2) Assurances from governmental entities. In the case of any application from any department, agency, or office of any county or local government for funds that may include Federal financial assistance for any specified purpose, the assurance required by this section, shall extend to any other department, agency, or office of the same governmental unit if the policies of such other department, agency, or office will substantially affect the project for which Federal financial assistance is requested.(3) Assurance from academic and other institutions(a) In the case of any application for Federal financial assistance for any purpose to an academic institution, the assurance required by this section shall extend to admission practices and to all other practices relating to the treatment of students.(b) The assurance required with respect to an academic institution, detention or correctional facility, or any other institution or facility, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, wards, inmates, persons subject to control, or clients of the institution or facility or to the opportunity to participate in the provision of services, disposition, treatment, or benefits to such individuals, shall be applicable to the entire institution or facility. If, in any such case, the assistance sought is for the construction of a facility or part of a facility, the assurance shall in any event extend to the entire facility and to facilities operated in connection therewith.(4) Assurances from contractors. State departments or agencies shall require any and all contractors to sign statements of assurances or include such language of assurance in the contract to be signed by such contractor. For example, a statement contained in the contractual language should express that "the [Contractor] will comply, and all its subcontractors will comply, with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, and other appropriate civil rights statutes, as applicable."(5) Continuing state programs. Any state department or agency administering a program which receives continuing Federal financial assistance subject to this regulation shall as a condition for the extension of such assistance: (a) Provide a statement that the program is (or, in the case of a new program, will be) conducted in compliance with this regulation; and,(b) Provide for such methods of administration (e.g. policies) as are found by the Commission during the review of the annual implementation plan or periodic compliance review to give reasonable assurance that the primary recipient and all other recipients of Federal financial assistance under such program will comply with this regulation.Tenn. Comp. R. & Regs. 1500-01-03-.04
Original rule filed November 15, 2010; effective February 13, 2011.Authority: T.C.A. §§ 4-21-202, 4-21-203 and 28 CFR Part 42, Subpart C.