[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR17.412]



[Page 198]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 17_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND

GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)

 

                          Subpart D_Suspension

 

Sec.  17.412  Opportunity to contest suspension.



    (a) Submission in opposition. Within 30 days after receipt of the 

notice of suspension, the respondent may submit, in person, in writing, 

or through a representative, information and argument in opposition to 

the suspension.

    (b) Additional proceedings as to disputed material facts. (1) If the 

suspending official finds that the respondent's submission in opposition 

raises a genuine dispute over facts material to the suspension, 

respondent(s) shall be afforded an opportunity to appear with a 

representative, submit documentary evidence, present witnesses, and 

confront any witness the agency presents, unless:

    (i) The action is based on an indictment, conviction or civil 

judgment, or

    (ii) A determination is made, on the basis of Department of Justice 

advice, that the substantial interests of the Federal Government in 

pending or contemplated legal proceedings based on the same facts as the 

suspension would be prejudiced.

    (2) A transcribed record of any additional proceedings shall be 

prepared and made available at cost to the respondent, upon request, 

unless the respondent and the agency, by mutual agreement, waive the 

requirement for a transcript.