[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: 44CFR7.14]



[Page 71-72]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

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

                                SECURITY

 

PART 7_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

--Table of Contents

 

      Subpart A_Nondiscrimination in FEMA-Assisted Programs_General

 

Sec. 7.14  Decisions and notices.



    (a) Decision by person other than the responsible agency official. 

If the 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 

responsible agency official for a final decision, and a copy of such 

initial decision or certification shall be mailed to the applicant or 

recipient. Where the initial decision is made by the hearing examiner 

the applicant or recipient may within 30 days of the mailing of such 

notice of initial decision file with the responsible agency official his 

exceptions to the initial decision, with his reasons therefor. In the 

absence of exceptions, the responsible agency official may on his own 

motion within 45 days after the initial decision serve on the applicant 

or recipient a notice that he will review the decision. Upon the filing 

of such exceptions or of such notice of review the responsible agency 

official shall review the initial decision and issue his own decision 

thereon including the reasons therefor. In the absence of either 

exceptions or a notice of review the initial decision shall constitute 

the final decision of the responsible agency official.

    (b) Decisions on record or review by the responsible agency 

official. Whenever a record is certified to the responsible agency 

official for decision or he reviews the decision of a hearing examiner 

pursuant to paragraph (a) of this section, or whenever he conducts the 

hearing, the applicant or recipient shall be given reasonable 

opportunity to file with him briefs or other written statements of its 

contentions, and a copy of his final decision 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 section 13(a) a decision



[[Page 72]]



shall be made by the responsible agency official on the record and 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 officer or 

responsible agency official shall set forth his ruling on each finding, 

conclusion, or exception presented, and shall identify the requirement 

or requirements imposed by or pursuant to this regulation with which it 

is found that the applicant or recipient has failed to comply.

    (e) Approval by Director. Any final decision of a responsible agency 

official (other than the Director of the agency) which provides for the 

suspension or termination of, or the refusal to grant or continue 

Federal financial assistance, or the imposition of any other sanction 

available under this regulation or the Act, shall promptly be 

transmitted to the Director of the Federal Emergency Management Agency 

who may approve such decision, may vacate it, or remit or mitigate any 

sanction imposed.

    (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 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 Director of the Federal Emergency Management Agency that it will 

fully comply with this regulation.



[30 FR 321, Jan. 9, 1965. Redesignated at 45 FR 44575, July 1, 1980, and 

further redesignated at 55 FR 23078, June 6, 1990. 68 FR 51379, Aug. 26, 

2003]