[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1206.1-8]



[Page 27-28]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1206_GRANTS AND CONTRACTS_SUSPENSION AND TERMINATION AND DENIAL 

OF APPLICATION FOR REFUNDING--Table of Contents

 

           Subpart A_Suspension and Termination of Assistance

 

Sec. 1206.1-8  Decisions and notices regarding termination.



    (a) Each decision of a presiding officer shall contain his findings 

of fact, and conclusions, and shall state whether he has accepted or 

rejected each proposed finding of fact and conclusion submitted by the 

parties, pursuant to Sec. 1206.1-7(m). Findings of fact shall be based 

only upon evidence submitted to the presiding officer and matters of 

which official notice has been taken. The decision shall also specify 

the requirement or requirements with which it is found that the 

recipient has failed to comply.

    (b) The decision of the presiding officer may provide for continued 

suspension or termination of assistance to the recipient in whole or in 

part, and may contain such terms, conditions, and other provisions as 

are consistent with and will effectuate the purposes of the DVSA.

    (c) If the hearing is held by an independent hearing examiner rather 

than by the responsible Corporation official, he shall make an initial 

decision, and a copy of this initial decision shall be



[[Page 28]]



mailed to all parties. Any party may, within 20 days of the mailing of 

such initial decision, or such longer period of time as the presiding 

officer specifies, file with the responsible Corporation official his 

written exceptions to the initial decision and any supporting brief or 

statement. Upon the filing of such exceptions, the responsible 

Corporation official shall, within 20 days of the mailing of the 

exceptions, review the initial decision and issue his own written 

decision thereof, including the reasons therefore. The decision of the 

responsible Corporation official may increase, modify, approve, vacate, 

remit, or mitigate any sanction imposed in the initial decision or may 

remand the matter to the presiding officer for further hearing or 

consideration.

    (d) Whenever a hearing is waived, a decision shall be made by the 

responsible Corporation official and a written copy of the final 

decision of the responsible Corporation official shall be given to the 

recipient.

    (e) The recipient may request the CEO to review a final decision by 

the responsible Corporation official which provides for the termination 

of assistance. Such a request must be made in writing within 15 days 

after the recipient has been notified of the decision in question and 

must state in detail the reasons for seeking the review. In the event 

the recipient requests such a review, the CEO or his designee shall 

consider the reasons stated by the recipient for seeking the review and 

shall approve, modify, vacate or mitigate any sanction imposed by the 

responsible Corporation official or remand the matter to the responsible 

Corporation official for further hearing or consideration. The decision 

of the responsible Corporation official will be given great weight by 

the CEO or his designee during the review. During the course of his 

review the CEO or his designee may, but is not required to, hold a 

hearing or allow the filing of briefs and arguments. Pending the 

decision of the CEO or his designee assistance shall remain suspended 

under the terms and conditions specified by the responsible Corporation 

official, unless the responsible Corporation official or the CEO or his 

designee otherwise determines. Every reasonable effort shall be made to 

complete the review by the CEO or his designee within 30 days of receipt 

by the CEO of the recipient's request. The CEO or his designee may 

however extend this period of time if he determines that additional time 

is necessary for an adequate review.