[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1206.1-8]

[Page 27-28]
 
                        TITLE 45--PUBLIC WELFARE
 
       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
 
PART 1206_GRANTS AND CONTRACTS_SUSPENSION AND TERMINATION AND DENIAL OF 
 
           Subpart A_Suspension and Termination of Assistance
 
Sec.  1206.1-8  Decisions and notices regarding termination.

    (a) Each decision of a presiding officer shall contain his findings 
of fact, and conclusions, and shall state whether he has accepted or 
rejected each proposed finding of fact and conclusion submitted by the 
parties, pursuant to Sec.  1206.1-7(m). Findings of fact shall be based 
only upon evidence submitted to the presiding officer and matters of 
which official notice has been taken. The decision shall also specify 
the requirement or requirements with which it is found that the 
recipient has failed to comply.
    (b) The decision of the presiding officer may provide for continued 
suspension or termination of assistance to the recipient in whole or in 
part, and may contain such terms, conditions, and other provisions as 
are consistent with and will effectuate the purposes of the DVSA.
    (c) If the hearing is held by an independent hearing examiner rather 
than by the responsible Corporation official, he shall make an initial 
decision, and a copy of this initial decision shall be

[[Page 28]]

mailed to all parties. Any party may, within 20 days of the mailing of 
such initial decision, or such longer period of time as the presiding 
officer specifies, file with the responsible Corporation official his 
written exceptions to the initial decision and any supporting brief or 
statement. Upon the filing of such exceptions, the responsible 
Corporation official shall, within 20 days of the mailing of the 
exceptions, review the initial decision and issue his own written 
decision thereof, including the reasons therefore. The decision of the 
responsible Corporation official may increase, modify, approve, vacate, 
remit, or mitigate any sanction imposed in the initial decision or may 
remand the matter to the presiding officer for further hearing or 
consideration.
    (d) Whenever a hearing is waived, a decision shall be made by the 
responsible Corporation official and a written copy of the final 
decision of the responsible Corporation official shall be given to the 
recipient.
    (e) The recipient may request the CEO to review a final decision by 
the responsible Corporation official which provides for the termination 
of assistance. Such a request must be made in writing within 15 days 
after the recipient has been notified of the decision in question and 
must state in detail the reasons for seeking the review. In the event 
the recipient requests such a review, the CEO or his designee shall 
consider the reasons stated by the recipient for seeking the review and 
shall approve, modify, vacate or mitigate any sanction imposed by the 
responsible Corporation official or remand the matter to the responsible 
Corporation official for further hearing or consideration. The decision 
of the responsible Corporation official will be given great weight by 
the CEO or his designee during the review. During the course of his 
review the CEO or his designee may, but is not required to, hold a 
hearing or allow the filing of briefs and arguments. Pending the 
decision of the CEO or his designee assistance shall remain suspended 
under the terms and conditions specified by the responsible Corporation 
official, unless the responsible Corporation official or the CEO or his 
designee otherwise determines. Every reasonable effort shall be made to 
complete the review by the CEO or his designee within 30 days of receipt 
by the CEO of the recipient's request. The CEO or his designee may 
however extend this period of time if he determines that additional time 
is necessary for an adequate review.