[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.9]



[Page 384-385]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

  Subpart A_Nondiscrimination on the Basis of Race, Color, or National 

                                 Origin

 

Sec.  17.9  Decisions and notices.



    (a) Initial decision by an administrative law judge. The 

administrative law judge shall make an initial decision and a copy of 

such initial decision shall be sent by registered mail, return receipt 

requested, to the recipient or applicant.

    (b) Review of the initial decision. The applicant or recipient may 

file his exceptions to the initial decision, with his reasons therefor, 

with the Director, Office of Hearings and Appeals, within thirty days of 

receipt of the initial decision. In the absence of exceptions, the 

Director, Office of Hearings and Appeals, on his own motion within 

forty-five days after the initial decision, may notify the applicant or 

recipient that he will review the decision. In the absence of exceptions 

or a notice of review, the initial decision shall constitute the final 

decision subject to the approval of the Secretary pursuant to paragraph 

(f) of this section.

    (c) Decisions by the Director, Office of Hearings and Appeals. 

Whenever the Director, Office of Hearings and Appeals, reviews the 

decision of a hearing examiner pursuant to paragraph (b) of this 

section, the applicant or recipient shall be given reasonable 

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

contention, and a copy of the final decision of the Director, Office of 

Hearings and Appeals, shall be given to the applicant or recipient and 

to the complainant, if any.

    (d) Decisions on record where a hearing is waived. Whenever a 

hearing is waived pursuant to Sec.  17.8(a), a decision shall be made by 

the Director, Office of Hearings and Appeals 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.

    (e) Rulings required. Each decision of an administrative law judge 

or the Director, Office of Hearings and Appeals, 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 

part with which it is found that the applicant or recipient has failed 

to comply.

    (f) Approval by Secretary. Any final decision of a hearing examiner 

or of the Director, Office of Hearings and Appeals, 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 part of the act, shall promptly be transmitted to 

the Secretary, who may approve such decision, may vacate it, or remit or 

mitigate any sanction imposed.

    (g) Content of decisions. The final decision may provide for the 

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 effectuate the purposes of the act and this 

part, 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 part, unless 

and until it corrects its noncompliance and satisfies the Secretary that 

it will fully comply with this part.

    (h) Post termination proceedings. (1) An applicant or recipient 

adversely affected by an order issued under paragraph (g) of this 

section shall be restored to full eligibility to receive Federal 

financial assistance if it satisfies the terms and conditions of that 

order for such eligibility or if it brings itself into compliance with 

this part and provides reasonable assurance that it will fully comply 

with this part.

    (2) Any applicant or recipient adversely affected by an order 

entered



[[Page 385]]



pursuant to paragraph (g) of this section may at any time request the 

Secretary to restore fully its eligibility to receive Federal financial 

assistance.

    (3) If the Secretary denies any such request, the applicant or 

recipient may submit to the Secretary a request for a hearing in 

writing, specifying why it believes the Secretary to have been in error. 

It shall thereupon be given an expeditious hearing, with a decision on 

the record in accordance with the procedures set forth in subpart I of 

part 4 of this title. The applicant or recipient shall be restored to 

such eligibility if it proves at such a hearing that it satisfied the 

requirements of paragraph (h)(1) of this section.

    (4) While proceedings under this paragraph are pending, the 

sanctions imposed by the order issued under paragraph (g) of this 

section shall remain in effect.



[38 FR 17977, July 5, 1973; 44 FR 54299, Sept. 19, 1979]