[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: 45CFR1606.11]



[Page 385-386]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1606_TERMINATION AND DEBARMENT PROCEDURES; RECOMPETITION--Table 

of Contents

 

Sec. 1606.11  Qualifications on hearing procedures.



    (a) Except as modified by paragraph (c) of this section, the hearing 

rights set out in Sec. Sec. 1606.6 through 1606.10 shall apply to any 

action to debar a recipient or to terminate a recipient's funding.



[[Page 386]]



    (b) The Corporation may simultaneously take action to debar and 

terminate a recipient within the same hearing procedure that is set out 

in Sec. Sec. 1606.6 through 1606.10 of this part. In such a case, the 

same hearing officer shall oversee both the termination and debarment 

actions.

    (c) If the Corporation does not simultaneously take action to debar 

and terminate a recipient under paragraph (b) of this section and 

initiates a debarment action based on a prior termination under Sec. 

1606.4(b)(1) or (2), the hearing procedures set out in Sec. 1606.6 

through 1606.10 shall not apply. Instead:

    (1) The President shall appoint a hearing officer, as described in 

Sec. 1606.8(c), to review the matter and make a written recommended 

decision on debarment.

    (2) The hearing officer's recommendation shall be based solely on 

the information in the administrative record of the termination 

proceedings providing grounds for the debarment and any additional 

submissions, either oral or in writing, that the hearing officer may 

request. The recipient shall be given a copy of and an opportunity to 

respond to any additional submissions made to the hearing officer. All 

submissions and responses made to the hearing officer shall become part 

of the administrative record.

    (3) If neither party appeals the hearing officer's recommendation 

within 10 days of receipt of the recommended decision, the decision 

shall become final.

    (4) Either party may appeal the recommended decision to the 

President who shall review the matter and issue a final written decision 

pursuant to Sec. 1606.9(b).

    (d) All final debarment decisions shall state the effective date of 

the debarment and the period of debarment, which shall be commensurate 

with the seriousness of the cause for debarment but shall not be for 

longer than 6 years.

    (e) The Corporation may reverse a debarment decision upon request 

for the following reasons:

    (1) Newly discovered material evidence;

    (2) Reversal of the conviction or civil judgment upon which the 

debarment was based;

    (3) Bona fide change in ownership or management of a recipient;

    (4) Elimination of other causes for which the debarment was imposed; 

or

    (5) Other reasons the Corporation deems appropriate.