[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR85.315]

[Page 267-268]
 
                           TITLE 34--EDUCATION
 
PART 85_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
--Table of Contents
 
    Subpart C_Responsibilities of Participants Regarding Transactions
 
Sec. 85.315  May I use the services of an excluded person as a principal 
under a covered transaction?

    (a) You as a participant may continue to use the services of an 
excluded person as a principal under a covered transaction if you were 
using the services of that person in the transaction before the person 
was excluded. However, you are not required to continue using that 
person's services as a principal. You should make a decision

[[Page 268]]

about whether to discontinue that person's services only after a 
thorough review to ensure that the action is proper and appropriate.
    (b) You may not begin to use the services of an excluded person as a 
principal under a covered transaction unless the Department of Education 
grants an exception under Sec. 85.120.
    (c) Title IV, HEA transactions. If you are a title IV, HEA 
participant--
    (1) You may not renew or extend the term of any contract or 
agreement for the services of an excluded person as a principal with 
respect to a title IV, HEA transaction; and
    (2) You may not continue to use the services of that excluded person 
as a principal under this kind of an agreement or arrangement more than 
90 days after you learn of the exclusion or after the close of the 
Federal fiscal year in which the exclusion takes effect, whichever is 
later.

Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O 12689 (3 CFR, 
1989 Comp., p. 235); 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 
2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.