[Code of Federal Regulations]
[Title 7, Volume 15, Parts 2000 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR3017.413]

[Page 147]
 
                          TITLE 7--AGRICULTURE
 
                         CHAPTER XXX--OFFICE OF
                      THE CHIEF FINANCIAL OFFICER,
                        DEPARTMENT OF AGRICULTURE
 
PART 3017--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents
 
                          Subpart D--Suspension
 
Sec. 3017.413  Suspending official's decision.

    The suspending official may modify or terminate the suspension (for 
example, see Sec. 3017.320(c) for reasons for reducing the period or 
scope of debarment) or may leave it in force. However, a decision to 
modify or terminate the suspension shall be without prejudice to the 
subsequent imposition of suspension by any other agency or debarment by 
any agency. The decision shall be rendered in accordance with the 
following provisions:
    (a) No additional proceedings necessary. In actions: based on an 
indictment, conviction, or civil judgment; in which there is no genuine 
dispute over material facts; or in which additional proceedings to 
determine disputed material facts have been denied on the basis of 
Department of Justice advice, the suspending official shall make a 
decision on the basis of all the information in the administrative 
record, including any submission made by the respondent. The decision 
shall be made within 45 days after receipt of any information and 
argument submitted by the respondent, unless the suspending official 
extends this period for good cause.
    (1) In USDA, the suspending official shall terminate the suspension 
immediately when additional proceedings to determine disputed facts have 
been denied on the basis of DOJ advice. The agency, however, reserves 
the right to proceed with the suspension when DOJ completes its legal 
proceedings or is satisfied that the suspension no longer will prejudice 
DOJ's proceedings.
    (2) In USDA suspension actions, where the respondent(s) fail(s) to 
timely provide any submission in opposition, the action will be 
considered decided.
    (b) Additional proceedings necessary. (1) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, written findings of fact shall be prepared. The suspending 
official shall base the decision on the facts as found, together with 
any information and argument submitted by the respondent and any other 
information in the administrative record.
    (2) The suspending official may refer matters involving disputed 
material facts to another official for findings of fact. The suspending 
official may reject any such findings, in whole or in part, only after 
specificially determining them to be arbitrary or capricious or clearly 
erroneous.
    (c) Notice of suspending official's decision. Prompt written notice 
of the suspending official's decision shall be sent to the respondent.
    (1) In USDA, the notice to the respondent shall be signed by the 
suspending official and transmitted by certified mail, return receipt 
requested. OGC will be consulted on all proposed suspension actions 
prior to the notice being sent to the respondent. The notice shall 
include the following:
    (i) Reference to the previously issued notice of suspension;
    (ii) The reason(s) for the action taken in this notice.
    (iii) The effective date(s) of the suspension taken in this notice 
and, where appropriate, the period of the suspension;
    (iv) Advice that the suspension is effective for covered 
transactions throughout the executive branch of the Federal Government 
unless an agency head or a designee authorized by an agency head makes a 
determination referred to in Sec. 3017.215.
    (b) [Reserved]

[54 FR 4722 and 4731, Jan. 30, 1989, as amended at 54 FR 4732, Jan. 30, 
1989]