[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: 45CFR1606.8]



[Page 384-385]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1606_TERMINATION AND DEBARMENT PROCEDURES; RECOMPETITION--Table 

of Contents

 

Sec. 1606.8  Hearing.



    (a) The recipient may make written request for a hearing within 30 

days of its receipt of the preliminary determination or within 15 days 

of receipt of the written determination issued by the designated 

employee after the conclusion of the informal conference.

    (b) Within 10 days after receipt of a request for a hearing, the 

Corporation shall notify the recipient in writing of the date, time and 

place of the hearing and the names of the hearing officer and of the 

attorney who will represent the Corporation. The time, date and location 

of the hearing may be changed upon agreement of the Corporation and the 

recipient.

    (c) A hearing officer shall be appointed by the President or 

designee and may be an employee of the Corporation. The hearing officer 

shall not have been involved in the current termination or debarment 

action and the President or designee shall determine that the person is 

qualified to preside over the hearing as an impartial decision maker. An 

impartial decision maker is a person who has not formed a prejudgment on 

the case and does not have a pecuniary interest or personal bias in the 

outcome of the proceeding.

    (d) The hearing shall be scheduled to commence at the earliest 

appropriate date, ordinarily not later than 30 days after the notice 

required by paragraph (b) of this section.

    (e) The hearing officer shall preside over and conduct a full and 

fair hearing, avoid delay, maintain order, and insure that a record 

sufficient for full disclosure of the facts and issues is maintained.

    (f) The hearing shall be open to the public unless, for good cause 

and the



[[Page 385]]



interests of justice, the hearing officer determines otherwise.

    (g) The Corporation and the recipient shall be entitled to be 

represented by counsel or by another person.

    (h) At the hearing, the Corporation and the recipient each may 

present its case by oral or documentary evidence, conduct examination 

and cross-examination of witnesses, examine any documents submitted, and 

submit rebuttal evidence.

    (i) The hearing officer shall not be bound by the technical rules of 

evidence and may make any procedural or evidentiary ruling that may help 

to insure full disclosure of the facts, to maintain order, or to avoid 

delay. Irrelevant, immaterial, repetitious or unduly prejudicial matter 

may be excluded.

    (j) Official notice may be taken of published policies, rules, 

regulations, guidelines, and instructions of the Corporation, of any 

matter of which judicial notice may be taken in a Federal court, or of 

any other matter whose existence, authenticity, or accuracy is not open 

to serious question.

    (k) A stenographic or electronic record shall be made in a manner 

determined by the hearing officer, and a copy shall be made available to 

the recipient at no cost.

    (l) The Corporation shall have the initial burden to show grounds 

for a termination or debarment. The burden of persuasion shall then 

shift to the recipient to show by a preponderance of evidence on the 

record that its funds should not be terminated or that it should not be 

disbarred.