[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: 7CFR3017.515]

[Page 149]
 
                          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 E--Responsibilities of GSA, Agency and Participants
 
Sec. 3017.515  Appeal of debarment or suspension decisions.

    (a) If a decision to debar or suspend is made by a debarring or 
suspending official under Sec. 3017.314 or Sec. 3017.413, the respondent 
may appeal the decision to the Office of Administrative Law Judges 
(OALJ) by filing the appeal, in writing, to the Hearing Clerk, OALJ, 
United States Department of Agriculture, Washington, DC 20250. The 
appeal must be filed within 30 days of receiving the decision and it 
must specify the basis of the appeal. The decision of a debarring or 
suspending official under Sec. 3017.314 or Sec. 3017.413 may be vacated 
by the assigned appeals officer if the officer determines that the 
decision is:
    (1) Not in accordance with law;
    (2) Not based on the applicable standard of evidence; or
    (3) Arbitrary and capricious and an abuse of discretion.
    (b) The appeals officer will base his/her decision solely upon the 
administrative record.
    (c) Within 90 days of the date the appeal is filed with USDA's OALJ 
Hearing Clerk, the appeals officer will notify, in writing, the 
respondent(s) and the debarring or suspending official, who took the 
action being appealed, of his/her decision in the appeal. The notice 
must specify the reason(s) for the decision made by the appeals officer.
    (d) The appeals officer's decision is final and is not appealable 
within USDA.

[54 FR 4733, Jan. 30, 1989]