[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: 44CFR17.413]



[Page 198]

 

              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 D_Suspension

 

Sec. 17.413  Suspending official's decision.



    The suspending official may modify or terminate the suspension (for 

example, see Sec. 17.320(c) for reasons for reducing the period or 

scope of debarment) or may leave it in force. However, a decision to 

modify or terminate the suspension shall be without prejudice to the 

subsequent imposition of suspension by any other agency or debarment by 

any agency. The decision shall be rendered in accordance with the 

following provisions:

    (a) No additional proceedings necessary. In actions: based on an 

indictment, conviction, or civil judgment; in which there is no genuine 

dispute over material facts; or in which additional proceedings to 

determine disputed material facts have been denied on the basis of 

Department of Justice advice, the suspending 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 suspending 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 suspending 

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 suspending official may refer matters involving disputed 

material facts to another official for findings of fact. The suspending 

official may reject any such findings, in whole or in part, only after 

specifically determining them to be arbitrary or capricious or clearly 

erroneous.

    (c) Notice of suspending official's decision. Prompt written notice 

of the suspending official's decision shall be sent to the respondent.