[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: 45CFR1206.1-8]

[Page 28-29]
 
                        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. 1206.1-8  Decisions and notices regarding termination.

    (a) Each decision of a presiding officer shall set forth his 
findings of fact, and conclusions, and shall state whether he has 
accepted or rejected each proposed finding of fact and conclusion 
submitted by the parties, pursuant to Sec. 1206.1-7(m). Findings of fact 
shall be based only upon evidence submitted to the presiding officer and 
matters of which official notice has been taken. The decision shall also 
specify the requirement or requirements with which it is found that the 
recipient has failed to comply.
    (b) The decision of the presiding officer may provide for continued 
suspension or termination of assistance to the recipient in whole or in 
part, and may contain such terms, conditions, and other provisions as 
are consistent with and will effectuate the purposes of the Act.
    (c) If the hearing is held by an independent hearing examiner rather 
than by the responsible ACTION official, he shall make an initial 
decision, and a copy of this initial decision shall be mailed to all 
parties. Any party may, within 20 days of the mailing of such initial 
decision, or such longer period of time as the presiding officer 
specifies, file with the responsible ACTION official his written 
exceptions to the initial decision and any supporting brief or 
statement. Upon the filing of such exceptions, the responsible ACTION 
official shall, within 20 days of the mailing of the exceptions, review 
the initial decision and issue his own written decision thereof, 
including the reasons therefore. The decision of the responsible ACTION 
official may increase, modify, approve, vacate, remit, or mitigate any 
sanction imposed in the initial decision or may remand the matter to the 
presiding officer for further hearing or consideration.
    (d) Whenever a hearing is waived, a decision shall be made by the 
responsible ACTION official and a written copy of the final decision of 
the responsible ACTION official shall be given to the recipient.
    (e) The recipient may request the Director to review a final 
decision by the responsible ACTION official which provides for the 
termination of assistance. Such a request must be made in writing within 
15 days after the recipient has been notified of the decision in 
question and must state in detail the reasons for seeking the review. In 
the event the recipient requests such a review, the Director or his 
designee shall consider the reasons stated by the recipient for seeking 
the review and shall approve, modify, vacate or mitigate any sanction 
imposed by the responsible ACTION official or remand the matter to the 
responsible ACTION official for further hearing or consideration. The 
decision of the responsible ACTION official will be given great weight 
by the Director or his designee during the review. During the course of 
his review the Director or his designee may, but is not required to, 
hold a hearing or allow the filing of briefs and arguments. Pending the 
decision of the

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Direct or his designee assistance shall remain suspended under the terms 
and conditions specified by the responsible ACTION official, unless the 
responsible ACTION official or the Director or his designee otherwise 
determines. Every reasonable effort shall be made to complete the review 
by the Director or his designee within 30 days of receipt by the 
Director of the recipient's request. The Director or his designee may 
however extend this period of time if he determines that additional time 
is necessary for an adequate review.