[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR900.410]

[Page 532-534]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 900_INTERGOVERNMENTAL PERSONNEL ACT PROGRAMS--Table of Contents
 
Subpart D_Nondiscrimination in Federally Assisted Programs in the Office 
of Personnel Management_Effectuation of Title VI of the Civil Rights Act 
                                 of 1964
 
Sec. 900.410  Decisions and notices.

    (a) Procedure on decisions by hearing examiner. If the hearing is 
held by a

[[Page 533]]

hearing examiner, the hearing examiner shall either make an initial 
decision, if so authorized, or certify the entire record including his 
recommended findings and proposed decision to the Director of Office of 
Personnel Management, for a final decision, and a copy of the initial 
decision or certification shall be mailed to the applicant or recipient. 
When the initial decision is made by the hearing examiner, the applicant 
or recipient may, within 30 days after the mailing of a notice of 
initial decision, file with the Director of Office of Personnel 
Management his exceptions to the initial decision, with his reasons 
therefore. In the absence of exceptions, the Director, Office of 
Personnel Management may, on his/her own motion, within 45 days after 
the initial decision, serve on the applicant or recipient a notice that 
he/she will review the decision. On the filing of the exceptions or of 
notice of review, the Director, Office of Personnel Management shall 
review the initial decision and issue his/her own decision thereon 
including the reasons therefor. In the absence of either exceptions or a 
notice of review the initial decision, subject to paragraph (e) of this 
section, shall constitute the final decision of OPM.
    (b) Decisions on record or review by the Office of Personnel 
Management. When a record is certified to the Office of Personnel 
Management for decision or the Office of Personnel Management reviews 
the decision of a hearing examiner pursuant to paragraph (a) of this 
section, or when the Office of Personnel Management conducts the 
hearing, the applicant or recipient shall be given reasonable 
opportunity to file with it briefs or other written statements of the 
recipient's contentions, and a written copy of the final decision of the 
Office of Personnel Management will be sent to the applicant or 
recipient and to the complainant, if any.
    (c) Decisions on record where a hearing is waived. When a hearing is 
waived pursuant to Sec. 900.409, a decision shall be made by the Office 
of Personnel Management on the record and a written copy of the decision 
shall be sent to the applicant or recipient, and to the complainant, if 
any.
    (d) Rulings required. Each decision of a hearing examiner or the 
Office of Personnel Management shall set forth a ruling on each finding, 
conclusion, or exception presented, and shall identify the requirement 
or requirements imposed by or pursuant to this subpart with which it is 
found that the applicant or recipient has failed to comply.
    (e) Approval by OPM. A final decision by an official of OPM other 
than by the Director, 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 subpart or 
title VI, shall promptly be transmitted to the Director, Office of 
Personnel Management, who may approve the decision, vacate it, or remit 
or mitigate a sanction imposed.
    (f) Content of orders. The final decision may provide for 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 the terms, conditions, and other provisions as are consistent 
with and will effectuate the purposes of title VI and this subpart, 
including provisions designed to assure that Federal financial 
assistance will not thereafter be extended under the programs to the 
applicant or recipient determined by the decision to be in default in 
its performance of an assurance given by it under this subpart, or to 
have otherwise failed to comply with this subpart, unless and until it 
corrects its noncompliance and satisfies OPM that it will fully comply 
with this subpart.
    (g) Post termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of the 
order for eligibility, or if it brings itself into compliance with this 
subpart and provides reasonable assurance that it will fully comply with 
this subpart.
    (2) An applicant or recipient adversely affected by an order entered 
pursuant to paragraph (f) of this section may at any time request the 
Director, Office of Personnel Management to restore fully its 
eligibility to receive Federal financial assistance. A

[[Page 534]]

request shall be supported by information showing that the applicant or 
recipient has met the requirements of paragraph (g)(1) of this section. 
If the Director, Office of Personnel Management determines that those 
requirements have been satisfied, he/she shall restore the eligibility.
    (3) If OPM denies a request, the applicant or recipient may submit a 
request for hearing in writing, specifying why it believes OPM is in 
error. The applicant or recipient shall be given an expeditious hearing, 
with a decision on the record in accordance with the rules or procedures 
issued by OPM. The applicant or recipient shall be restored to 
eligibility if it proves at the hearing that it satisfied the 
requirements of paragraph (g)(1) of this section. While proceedings 
under this paragraph are pending, the sanctions imposed by the order 
issued under paragraph (f) of this section remain in effect.