[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1203.9]



[Page 17-18]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1203_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS_EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents

 

Sec.  1203.9  Hearings.



    (a) Opportunity for hearing. When an opportunity for a hearing is 

required by Sec.  1203.8(c), reasonable notice shall be given by 

registered or certified mail, return receipt requested, to the affected 

applicant or recipient. This notice shall advise the applicant or 

recipient of the action proposed to be taken, the specific provision 

under which the proposed action against it is to be taken, and the 

matters of fact or law asserted as the basis for this action, and 

either:

    (1) Fix a date not less than 20 days after the date of notice within 

which the applicant or recipient may request of ACTION that the matter 

be scheduled for hearing; or

    (2) Advise the applicant or recipient that the matter in question 

has been set down for hearing at a stated time and place. The time and 

place so fixed shall be reasonable and subject to change for cause. The 

complainant, if any, shall be advised of the time and place of the 

hearing. An applicant or recipient may waive a hearing and submit 

written information and argument for the record. The failure of an 

applicant or recipient to request a hearing under this paragraph or to 

appear at a hearing for which a date has been set is deemed to be a 

waiver of the right to a hearing under section 602 of title VI and Sec.  

1203.8(c) and consent to the making of a decision on the basis of the 

information available.

    (b) Time and place of hearing. Hearings shall be held at the offices 

of ACTION in Washington, DC, at a time fixed by ACTION unless it 

determines that the convenience of the applicant or recipient or of 

ACTION requires that another place be selected. Hearings shall be held 

before the Director, or at his discretion, before a hearing examiner 

appointed in accordance with section 3105 of title 5, United States 

Code, or detailed under section 3344 of title 5, United States Code.

    (c) Right to counsel. In all proceedings under this section, the 

applicant or recipient and ACTION have the right to be represented by 

counsel.

    (d) Procedures, evidence, and record. (1) The hearing, decision, and 

an administrative review thereof shall be conducted in conformity with 

sections 554 through 557 of title 5, United States Code, and in 

accordance with the rules of procedure as are proper (and not 

inconsistent with this section) relating to the conduct of the hearing, 

giving of notices subsequent to those provided for in paragraph (a) of 

this section, taking of testimony, exhibits, arguments, and briefs, 

requests for findings, and other related matters. Both ACTION and the 

applicant or recipient are entitled to introduce relevant evidence on 

the issues as stated in the notice for hearing or as determined by the 

officer conducting the hearing at the outset of or during the hearing.

    (2) Technical rules of evidence do not apply to hearings conducted 

pursuant



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to this part, but rules or principles designed to assure production of 

the most credible evidence available and to subject testimony to test by 

cross-examination shall be applied where determined reasonably necessary 

by the officer conducting the hearing. The hearing officer may exclude 

irrelevant, immaterial, or unduly repetitious evidence. Documents and 

other evidence offered or taken for the record shall be open to 

examination by the parties and opportunity shall be given to refute 

facts and arguments advanced on either side of the issues. A transcript 

shall be made of the oral evidence except to the extent the substance 

thereof is stipulated for the record. Decisions shall be based on the 

hearing record and written findings shall be made.

    (e) Consolidated or joint hearings. In cases in which the same or 

related facts are asserted to constitute noncompliance with this part 

with respect to two or more Federal statutes, authorities, or other 

means by which Federal financial assistance is extended and to which 

this part applies, or noncompliance with this part and the regulations 

of one or more other Federal departments or agencies issued under title 

VI, ACTION may, by agreement with the other departments or agencies, 

when applicable, provide for the conduct of consolidated or joint 

hearings, and for the application to these hearings of rules or 

procedures not inconsistent with this part. Final decisions in these 

cases, insofar as this regulation is concerned, shall be made in 

accordance with Sec.  1203.10.



[39 FR 27322, July 26, 1974, as amended at 68 FR 51387, Aug. 26, 2003]