[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: 41CFR101-8.722]



[Page 66-67]

 

           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. 101-8.722  Decisions and notices.



    (a) Decisions by hearing examiners. After a hearing is held by a 

hearing examiner such 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 Agency designated 

reviewing authority for final decision. A copy of such initial decision 

or certification shall be mailed to the applicant or recipient and to 

the complainant, if any. Where the initial decision referred to in this 

paragraph or in paragraph (c) of this section is made by the hearing 

examiner, the applicant or recipient or the counsel for GSA may, within 

the period provided for in the rules of procedure issued by GSA 

official, file with the reviewing authority exceptions to the initial 

decision, with his or her reasons therefore. Upon the filing of such 

exceptions the reviewing authority shall review the initial decision and 

issue a decision including the reasons therefor. In the absence of 

exceptions the initial decision shall constitute the final decision, 

subject to the provisions of paragraph (e) of this section.

    (b) Decisions on record or review by the reviewing authority. 

Whenever a record is certified to the reviewing authority for decision 

or it reviews the decision of a hearing examiner pursuant to paragraph 

(a) or (c) of this section, the applicant or recipient shall be given 

reasonable opportunity to file with it briefs or other written 

statements of its contentions, and a copy of the final decision of the 

reviewing authority shall be given in writing to the applicant or 

recipient and to the complainant, if any.

    (c) Decisions on record where a hearing is waived. Whenever a 

hearing is waived pursuant to Sec. 101-8.721(a) the reviewing authority 

shall make its final decision on the record or refer the matter to a 

hearing examiner for an initial decision to be made on the record. A 

copy of such decision shall be given in writing to the applicant or 

recipient, and to the complainant, if any.

    (d) Rulings required. Each decision of a hearing examiner or 

reviewing authority shall set forth a ruling on each findings, 

conclusion, or exception presented, and shall identify the requirement 

or requirements imposed by or pursuant to this part with which it is 

found that the applicant or recipient has failed to comply.

    (e) Review in certain cases by the Administrator. If the 

Administrator has not personally made the final decision referred to in 

paragraph (a), (b), or (c) of this section, a recipient or applicant or 

the counsel for GSA may request the Administrator to review a decision 

of the Reviewing Authority in accordance with rules of procedure issued 

by the responsible GSA official. Such review is not a matter of right 

and shall be granted only where the Administrator determines there are 

special and important reasons therefor. The Administrator may grant or 

deny such request, in whole or in part. He or she may also review such a 

decision in accordance with rules of procedure issued by the responsible 

GSA official. In the absence of a review under this paragraph, a final 

decision referred to in paragraphs (a), (b), (c) of this section shall 

become the final decision of GSA when



[[Page 67]]



the Administrator transmits it as such to Congressional committees with 

the report required under section 602 of the Act. Failure of an 

applicant or recipient to file an exception with the Reviewing Authority 

or to request review under this paragraph shall not be deemed a failure 

to exhaust administrative remedies for the purpose of obtaining judicial 

review.

    (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, to which this regulation applies, and 

may contain such terms, conditions and other provisions as are 

consistent with and will effectuate the purposes of the Act and this 

regulation, including provisions designed to assure that no Federal 

financial assistance to which this regulation applies will thereafter be 

extended under such law or laws to the applicant or recipient determined 

by such decision to be in default in its performance of an assurance 

given by it pursuant to this regulation, or to have otherwise failed to 

comply with this regulation unless and until it corrects its 

noncompliance and satisfies the responsible GSA official that it will 

fully comply with this regulation.

    (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 that 

order for such eligibility or if it brings itself into compliance with 

this part and provides reasonable assurance that is will fully comply 

with this part.

    (2) Any applicant or recipient adversely affected by an order 

entered pursuant to paragraph (f) of this section may at any time 

request the responsible GSA official to restore fully its eligibility to 

receive Federal financial assistance. Any such 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 responsible 

GSA official determines that those requirements have been satisfied, he 

or she shall restore such eligibility.

    (3) If the responsible GSA official denies any such request, the 

applicant or recipient may submit a request for a hearing in writing, 

specifying why it believes such official to have been in error. It shall 

thereupon be given an expeditious hearing, with a decision on the 

record, in accordance with rules of procedure issued by the responsible 

GSA official. The applicant or recipient will be restored to such 

eligibility if it proves at such 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 shall remain in effect.