[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: 45CFR1606.11]

[Page 385-386]
 
                        TITLE 45--PUBLIC WELFARE
 
                 CHAPTER XVI--LEGAL SERVICES CORPORATION
 
PART 1606_TERMINATION AND DEBARMENT PROCEDURES; RECOMPETITION--Table of 
 
Sec.  1606.11  Qualifications on hearing procedures.

    (a) Except as modified by paragraph (c) of this section, the hearing 
rights set out in Sec. Sec.  1606.6 through 1606.10 shall apply to any 
action to debar a recipient or to terminate a recipient's funding.

[[Page 386]]

    (b) The Corporation may simultaneously take action to debar and 
terminate a recipient within the same hearing procedure that is set out 
in Sec. Sec.  1606.6 through 1606.10 of this part. In such a case, the 
same hearing officer shall oversee both the termination and debarment 
actions.
    (c) If the Corporation does not simultaneously take action to debar 
and terminate a recipient under paragraph (b) of this section and 
initiates a debarment action based on a prior termination under Sec.  
1606.4(b)(1) or (2), the hearing procedures set out in Sec.  1606.6 
through 1606.10 shall not apply. Instead:
    (1) The President shall appoint a hearing officer, as described in 
Sec.  1606.8(c), to review the matter and make a written recommended 
decision on debarment.
    (2) The hearing officer's recommendation shall be based solely on 
the information in the administrative record of the termination 
proceedings providing grounds for the debarment and any additional 
submissions, either oral or in writing, that the hearing officer may 
request. The recipient shall be given a copy of and an opportunity to 
respond to any additional submissions made to the hearing officer. All 
submissions and responses made to the hearing officer shall become part 
of the administrative record.
    (3) If neither party appeals the hearing officer's recommendation 
within 10 days of receipt of the recommended decision, the decision 
shall become final.
    (4) Either party may appeal the recommended decision to the 
President who shall review the matter and issue a final written decision 
pursuant to Sec.  1606.9(b).
    (d) All final debarment decisions shall state the effective date of 
the debarment and the period of debarment, which shall be commensurate 
with the seriousness of the cause for debarment but shall not be for 
longer than 6 years.
    (e) The Corporation may reverse a debarment decision upon request 
for the following reasons:
    (1) Newly discovered material evidence;
    (2) Reversal of the conviction or civil judgment upon which the 
debarment was based;
    (3) Bona fide change in ownership or management of a recipient;
    (4) Elimination of other causes for which the debarment was imposed; 
or
    (5) Other reasons the Corporation deems appropriate.