[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR17.9]

[Page 376-377]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR--Table of Contents
 
 Subpart A--Nondiscrimination on the Basis of Race, Color, or National 
                                 Origin
 
Sec. 17.9  Decisions and notices.

    (a) Initial decision by an administrative law judge. The 
administrative law judge shall make an initial decision and a copy of 
such initial decision shall be sent by registered mail, return receipt 
requested, to the recipient or applicant.
    (b) Review of the initial decision. The applicant or recipient may 
file his exceptions to the initial decision, with his reasons therefor, 
with the Director, Office of Hearings and Appeals, within thirty days of 
receipt of the initial decision. In the absence of exceptions, the 
Director, Office of Hearings and Appeals, on his own motion within 
forty-five days after the initial decision, may notify the applicant or 
recipient that he will review the decision. In the absence of exceptions 
or a notice of review, the initial decision shall constitute the final 
decision subject to the approval of the Secretary pursuant to paragraph 
(f) of this section.
    (c) Decisions by the Director, Office of Hearings and Appeals. 
Whenever the Director, Office of Hearings and Appeals, reviews the 
decision of a hearing examiner pursuant to paragraph (b) of this 
section, the applicant or recipient shall be given reasonable 
opportunity to file with him briefs or other written statements of its 
contention, and a copy of the final decision of the Director, Office of 
Hearings and Appeals, shall be given to the applicant or recipient and 
to the complainant, if any.
    (d) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 17.8(a), a decision shall be made by 
the Director, Office of Hearings and Appeals on the record and a copy of 
such decision shall be given in writing to the applicant or recipient 
and to the complainant, if any.
    (e) Rulings required. Each decision of an administrative law judge 
or the Director, Office of Hearings and Appeals, shall set forth his 
ruling on each finding, conclusion, or exception presented, and shall 
identify the requirement or requirements imposed by or pursuant to this 
part with which it is found that the applicant or recipient has failed 
to comply.
    (f) Approval by Secretary. Any final decision of a hearing examiner 
or of the Director, Office of Hearings and Appeals, which provides for 
the suspension or termination of, or the refusal to grant or continue 
Federal financial assistance, or the imposition of any other sanction 
available under this part of the act, shall promptly be transmitted to 
the Secretary, who may approve such decision, may vacate it, or remit or 
mitigate any sanction imposed.

[[Page 377]]

    (g) Content of decisions. The final decision may provide for the 
suspension or termination of, or refusal to grant or continue Federal 
financial assistance, in whole or in part, under the program involved, 
and may contain such terms, conditions, and other provisions as are 
consistent with and effectuate the purposes of the act and this part, 
including provisions designed to assure that no Federal financial 
assistance will thereafter be extended under such program to the 
applicant or recipient determined by such decision to be in default in 
its performance of an assurance given by it pursuant to this regulation, 
or to have otherwise failed to comply with this part, unless and until 
it corrects its noncompliance and satisfies the Secretary that it will 
fully comply with this part.
    (h) Post termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (g) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
this part and provides reasonable assurance that it will fully comply 
with this part.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (g) of this section may at any time 
request the Secretary to restore fully its eligibility to receive 
Federal financial assistance.
    (3) If the Secretary denies any such request, the applicant or 
recipient may submit to the Secretary a request for a hearing in 
writing, specifying why it believes the Secretary to have been in error. 
It shall thereupon be given an expeditious hearing, with a decision on 
the record in accordance with the procedures set forth in subpart I of 
part 4 of this title. The applicant or recipient shall be restored to 
such eligibility if it proves at such a hearing that it satisfied the 
requirements of paragraph (h)(1) of this section.
    (4) While proceedings under this paragraph are pending, the 
sanctions imposed by the order issued under paragraph (g) of this 
section shall remain in effect.

[38 FR 17977, July 5, 1973; 44 FR 54299, Sept. 19, 1979]