[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1206.1-7]

[Page 26-28]
 
                        TITLE 45--PUBLIC WELFARE
 
       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
 
PART 1206--GRANTS AND CONTRACTS--SUSPENSION AND TERMINATION AND DENIAL OF APPLICATION FOR REFUNDING--Table of Contents
 
           Subpart A--Suspension and Termination of Assistance
 
Sec. 1206.1-7  Termination hearing procedures.

    (a) General. The termination hearing, decision, and any review 
thereof shall be conducted in accordance with the rules of procedure set 
forth in this section and Secs. 1206.1-8 and 1206.1-9.
    (b) Presiding officer. (1) The presiding officer at the hearing 
shall be the responsible ACTION official or, at the discretion of the 
responsible ACTION official, an independent hearing examiner designated 
as promptly as possible in accordance with section 3105 of title 5 of 
the United States Code. The presiding officer shall conduct a full and 
fair hearing, avoid delay, maintain order, and make a sufficient record 
for a full and true disclosure of the facts and issues. To accomplish 
these ends, the presiding officer shall have all powers authorized by 
law, and he may make all procedural and evidentiary rulings necessary 
for the conduct of the hearing. The hearing shall be open to the public 
unless the presiding officer for good cause shown shall otherwise 
determine.
    (2) After the notice described in paragraph (f) of this section is 
filed with the presiding officer, he shall not consult any person or 
party on a fact in issue unless on written notice and opportunity for 
all parties to participate. However, in performing his functions under 
this part the presiding officer may use the assistance and advice of an 
attorney designated by the General Counsel of ACTION or the appropriate 
Regional Counsel: Provided, That the attorney designated to assist him 
has not represented ACTION or any other party or otherwise participated 
in a proceeding, recommendation, or decision in the particular matter.
    (c) Presentation of evidence. Both ACTION and the recipient are 
entitled to present their case by oral or documentary evidence, to 
submit rebuttal evidence and to conduct such examination and cross-
examination as may be required for a full and true disclosure of all 
facts bearing on the issues. The issues shall be those stated in the 
notice required to be filed by paragraph (f) of this section, those 
stipulated in a prehearing conference or those agreed to by the parties.
    (d) Participation. (1) In addition to ACTION, the recipient, and any 
agency which has a right to appear, the presiding officer in his 
discretion may permit the participation in the proceedings of such 
persons or organizations as he deems necessary for a proper 
determination of the issues involved. Such participation may be limited 
to those issues or activities which the presiding officer believes will 
meet the needs of the proceeding, and may be limited to the filing of 
written material.
    (2) Any person or organization that wishes to participate in a 
proceeding may apply for permission to do so from

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the presiding officer. This application, which shall be made as soon as 
possible after the notice of suspension or proposed termination has been 
received by the recipient, shall state the applicant's interest in the 
proceeding, the evidence or arguments the applicant intends to 
contribute, and the necessity for the introduction of such evidence or 
arguments.
    (3) The presiding officer shall permit or deny such participation 
and shall give notice of his decision to the applicant, the recipient, 
and ACTION, and, in the case of denial, a brief statement of the reasons 
therefor: Provided however, That the presiding officer may subsequently 
permit such participation if, in his opinion, it is warranted by 
subsequent circumstances. If participation is granted, the presiding 
officer shall notify all parties of that fact and may, in appropriate 
cases, include in the notification a brief statement of the issues as to 
which participation is permitted.
    (4) Permission to participate to any extent is not a recognition 
that the participant has any interest which may be adversely affected or 
that the participant may be aggrieved by any decision, but is allowed 
solely for the aid and information of the presiding officer.
    (e) Filing. All papers and documents which are required to be filed 
shall be filed with the presiding officer. Prior to filing, copies shall 
be sent to the other parties.
    (f) Notice. The responsible ACTION official shall send the recipient 
and any other party a written notice which states the time, place, 
nature of the hearing, the legal authority and jurisdiction under which 
the hearing is to be held. The notice shall also identify with 
reasonable specificity the facts relied on as justifying termination and 
the ACTION requirements which it is contended the recipient has 
violated. The notice shall be filed and served not later than 10 days 
prior to the hearing and a copy thereof shall be filed with the 
presiding officer.
    (g) Notice of intention to appear. The recipient and any other party 
which has a right or has been granted permission to participate in the 
hearing shall give written confirmation to ACTION of its intention to 
appear at the hearing 3 days before it is scheduled to occur. Failing to 
do so may, at the discretion of the presiding officer, be deemed a 
waiver of the right to a hearing.
    (h) Form and date of service. All papers and documents filed or sent 
to party shall be signed in ink by the appropriate party or his 
authorized representative. The date on which papers are filed shall be 
the day on which the papers or documents are deposited, postage prepaid 
in the U.S. mail, or are delivered in person: Provided however, That the 
effective date of the notice that there appear to be grounds which 
warrant terminating assistance shall be the date of its delivery or 
attempted delivery at the recipient's last known address as reflected in 
the records of ACTION.
    (i) Prehearing conferences. Prior to the commencement of a hearing 
the presiding officer may, subject to the provisions of paragraph (b)(2) 
of this section, require the parties to meet with him or correspond with 
him concerning the settlement of any matter which will expedite a quick 
and fair conclusion of the hearing.
    (j) Evidence. Technical rules of evidence shall not apply to 
hearings conducted pursuant to this subpart, but the presiding officer 
shall apply rules or principles designed to assure production of 
relevant evidence and to subject testimony to such examination and 
crossexamination as may be required for a full and true disclosure of 
the facts. The presiding officer may exclude irrelevant, immaterial, or 
unduly repetitious evidence. A transcription shall be made of the oral 
evidence and shall be made available to any participant upon payment of 
the prescribed costs. All documents and other evidence submitted shall 
be open to examination by the parties and opportunity shall be given to 
refute facts and arguments advanced on either side of the issues.
    (k) Depositions. If the presiding officer determines that the 
interests of justice would be served, he may authorize the taking of 
depositions provided that all parties are afforded an opportunity to 
participate in the taking of the depositions. The party who

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requested the deposition shall arrange for a transcript to be made of 
the proceedings and shall upon request, and at his expense, furnish all 
other parties with copies of the transcript.
    (l) Official notice. Official notice may be taken of a public 
document, or part thereof, such as a statute, official report, decision, 
opinion or published scientific date issued by any agency of the Federal 
Government or a State or local government and such document or data may 
be entered on the record without further proof of authenticity. Official 
notice may also be taken of such matters as may be judicially noticed in 
the courts of the United States, or any other matter of established fact 
within the general knowledge of ACTION. If the decision of the presiding 
officer rests on official notice of a material fact not appearing in 
evidence, a party shall on timely request be afforded an opportunity to 
show the contrary.
    (m) Proposed findings and conclusions. After the hearing has 
concluded, but before the presiding officer makes his decision, he shall 
afford each participant a reasonable opportunity to submit proposed 
findings of fact and conclusions. After considering each proposed 
finding or conclusion the presiding officer shall state in his decision 
whether he has accepted or rejected them in accordance with the 
provisions of Sec. 1206.1-8(a).