[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 44CFR17.314]



[Page 195-196]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 17_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND 

GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table 

of Contents

 

                           Subpart C_Debarment

 

Sec. 17.314  Debarring official's decision.



    (a) No additional proceedings necessary. In actions based upon a 

conviction or civil judgment, or in which there is no genuine dispute 

over material facts,



[[Page 196]]



the debarring official shall make a decision on the basis of all the 

information in the administrative record, including any submission made 

by the respondent. The decision shall be made within 45 days after 

receipt of any information and argument submitted by the respondent, 

unless the debarring official extends this period for good cause.

    (b) Additional proceedings necessary. (1) In actions in which 

additional proceedings are necessary to determine disputed material 

facts, written findings of fact shall be prepared. The debarring 

official shall base the decision on the facts as found, together with 

any information and argument submitted by the respondent and any other 

information in the administrative record.

    (2) The debarring official may refer disputed material facts to 

another official for findings of fact. The debarring official may reject 

any such findings, in whole or in part, only after specifically 

determining them to be arbitrary and capricious or clearly erroneous.

    (3) The debarring official's decision shall be made after the 

conclusion of the proceedings with respect to disputed facts.

    (c)(1) Standard of proof. In any debarment action, the cause for 

debarment must be established by a preponderance of the evidence. Where 

the proposed debarment is based upon a conviction or civil judgment, the 

standard shall be deemed to have been met.

    (2) Burden of proof. The burden of proof is on the agency proposing 

debarment.

    (d) Notice of debarring official's decision. (1) If the debarring 

official decides to impose debarment, the respondent shall be given 

prompt notice:

    (i) Referring to the notice of proposed debarment;

    (ii) Specifying the reasons for debarment;

    (iii) Stating the period of debarment, including effective dates; 

and

    (iv) Advising that the debarment is effective for covered 

transactions throughout the executive branch of the Federal Government 

unless an agency head or an authorized designee makes the determination 

referred to in Sec. 17.215.

    (2) If the debarring official decides not to impose debarment, the 

respondent shall be given prompt notice of that decision. A decision not 

to impose debarment shall be without prejudice to a subsequent 

imposition of debarment by any other agency.