[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: 45CFR1606.4]



[Page 383-384]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1606_TERMINATION AND DEBARMENT PROCEDURES; RECOMPETITION--Table 

of Contents

 

Sec. 1606.4  Grounds for debarment.



    (a) The Corporation may debar a recipient, on a showing of good 

cause, from receiving an additional award of financial assistance from 

the Corporation.

    (b) As used in paragraph (a) of this section, ``good cause'' means:

    (1) A termination of financial assistance to the recipient pursuant 

to part 1640 of this chapter;

    (2) A termination of financial assistance in whole of the most 

recent grant of financial assistance;

    (3) The substantial violation by the recipient of the restrictions 

delineated in Sec. 1610.2 (a) and (b) of this chapter, provided that 

the violation occurred within 5 years prior to the receipt of the 

debarment notice by the recipient;

    (4) Knowing entry by the recipient into:

    (i) A subgrant, subcontract, or other similar agreement with an 

entity debarred by the Corporation during the period of debarment if so 

precluded by the terms of the debarment; or

    (ii) An agreement for professional services with an IPA debarred by 

the Corporation during the period of debarment if so precluded by the 

terms of the debarment; or

    (5) The filing of a lawsuit by a recipient, provided that the 

lawsuit:

    (i) Was filed on behalf of the recipient as plaintiff, rather than 

on behalf of a client of the recipient;

    (ii) Named the Corporation, or any agency or employee of a Federal, 

State, or local government as a defendant;

    (iii) Seeks judicial review of an action by the Corporation or such 

government agency that affects the recipient's status as a recipient of 

Federal funding, except for a lawsuit that seeks review of whether the 

Corporation or agency acted outside of its statutory



[[Page 384]]



authority or violated the recipient's constitutional rights; and

    (iv) Was initiated after the effective date of this rule.