[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-8.721]



[Page 65-66]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-8_NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL 

ASSISTANCE--Table of Contents

 

      Subpart 101-8.7_Discrimination Prohibited on the Basis of Age

 

Sec. 101-8.721  Hearings.



    (a) Opportunity for hearing. Whenever an opportunity for a hearing 

is required, reasonable notice shall be given by registered or certified 

mail, return receipt requested, to the affected applicant or recipient. 

This notice shall advise the applicant or recipient of the action 

proposed to be taken, the specific provision under which the proposed 

action against it is to be taken, and the matters of fact or law 

asserted as the basis for this action; and either fix a date not less 

than 20 days after the date of such notice within which the applicant or 

recipient may request of the responsible GSA official that the matter be 

scheduled for hearing or advise the applicant or recipient that the 

matter in question has been set down for hearing at a stated place and 

time. The time and place so fixed shall be reasonable and shall be 

subject to change for cause. The complainant, if any, shall be advised 

of the time and place of the hearing. An applicant or recipient may 

waive a hearing and submit written information and argument for the 

record. The failure of an applicant or recipient to request a hearing 

for which a data has been set shall be deemed to be a waiver of the 

right to a hearing under section 602 of the Act, and consent to the 

making of a decision on the basis of such information as may be filed as 

the record.

    (b) Time and place of hearing. Hearings shall be held at GSA in 

Washington, D.C., at a time fixed by the Director, Office of Civil 

Rights (OCR), unless he or she determines that the convenience of the 

applicant or recipient or of GSA requires that another place be 

selected. Hearings shall be held before a hearing examiner designated in 

accordance with 5 U.S.C. 3105 and 3344 (section 11 of the Administrative 

Procedure Act).

    (c) Right to counsel. In all proceedings under this section, the 

applicant or recipient and GSA shall have the right to be represented by 

counsel.

    (d) Procedures, evidence, and record. (1) The hearing, decision, and 

any administrative review thereof shall be conducted in conformity with 

sections 5-8 of the Administrative Procedure Act, and in accordance with 

such rules of procedure as are proper (and not inconsistent with this 

section) relating to the conduct of the hearing, giving of notices 

subsequent to those provided for in paragraph (a) of this section, 

taking of testimony, exhibits, arguments and briefs, requests for 

findings, and other related matters. Both GSA and the applicant or 

recipient shall be entitled to introduce all relevent evidence on the 

issues as stated in the notice for hearing or as determined by the 

Officer conducting the hearing at the outset of or during the hearings. 

Any person (other than a Government employee considered to be on 

official business) who, having been invited or requested to appear and 

testify as a witness on the Government's behalf, attends at a time and 

place scheduled for a hearing provided for by this part, may be 

reimbursed for his travel and actual expenses of attendance in an amount 

not to exceed the amount payable under the standardized travel 

regulations to a Government employee traveling on official business.

    (2) Technical rules of evidence shall not apply to hearings 

conducted pursuant to this part, but rules or principles designed to 

assure production of the most credible evidence available and to subject 

testimony to test by cross-examination shall be applied where reasonably 

necessary by the officer conducting the hearing. The hearing officer may 

exclude irrelevant, immaterial, or unduly repetitious evidence. All 

documents and other evidence offered or taken for the record shall be 

open to



[[Page 66]]



examination by the parties and opportunity shall be given to refute 

facts and arguments advances on either side of the issues. A transcript 

shall be made of the oral evidence except to the extent the substance 

thereof is stipulated for the record. All decisions shall be based upon 

the hearing record and written findings shall be made.

    (e) Consolidated of Joint Hearings. In cases in which the same or 

related facts are asserted to constitute non-compliance with this 

regulation with respect to two or more Federal statutes, authorities, or 

other means by which Federal financial assistance is extended and to 

which this part applies, or noncompliance with this part, and the 

regulations of one or more other Federal departments or agencies issued 

under title VI of the Act, the responsible GSA official may, by 

agreement with such other departments or agencies where applicable, 

provide for the conduct of consolidated or joint hearings, and for the 

application to such hearings of rules of procedures not inconsistent 

with this part. Final decisions in such cases, insofar as this 

regulation is concerned, shall be made in accordance with Sec. 101-

8.722.