[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2006]

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

[CITE: 45CFR611.9]



[Page 116-117]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 611_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE

NATIONAL SCIENCE FOUNDATION_EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS

 

Sec.  611.9  Hearings.



    (a) Opportunity for hearing. Whenever an opportunity for a hearing 

is required by Sec.  611.8(b), 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 twenty days after the date of such notice 

within which the applicant or recipient may request of the responsible 

Foundation official 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 place and time. The time and place so 

fixed shall be reasonable and shall be 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 shall be deemed to be 

a waiver of the right to a hearing under section 602 of the Act and 

Sec.  611.8(c) and consent to the making of a decision on the basis of 

such information as is available.

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

of the Foundation in Arlington, VA, at a time fixed by the responsible 

Foundation official unless he determines that the convenience of the 

applicant or recipient or of the Foundation requires that another place 

be selected. Hearings shall be held before the responsible Foundation 

official or, at the discretion of the Director, a hearing examiner 

designated in accordance with 5 U.S.C. 3105 and 3344.



[[Page 117]]



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

applicant or recipient and the Foundation shall have the right to be 

represented by counsel.

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

any administrative review thereof shall be conducted in conformity with 

5 U.S.C. 554 through 557, and in accordance with such 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 the Foundation and the applicant or recipient shall be entitled to 

introduce all 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 shall not apply to hearings 

conducted pursuant 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 reasonably 

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

exclude irrelevant, immaterial, or unduly repetitious evidence. All 

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. All decisions shall be 

based upon 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 

of the Act, the Director may, by agreement with such other departments 

or agencies, where applicable, provide for the conduct of consolidated 

or joint hearings, and for the application to such hearings of rules of 

procedure not inconsistent with this part. Final decisions in such 

cases, insofar as this part is concerned, shall be made in accordance 

with Sec.  611.10.



[29 FR 16305, Dec. 4, 1964, as amended at 38 FR 17985, July 5, 1973; 59 

FR 37437, July 22, 1994; 68 FR 51382, Aug. 26, 2003]