[Code of Federal Regulations]
[Title 2, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 2CFR2424.1130]

[Page 247-248]
 
                     TITLE 2--GRANTS AND AGREEMENTS
 
        CHAPTER XXIV--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 2424_NONPROCUREMENT DEBARMENT AND SUSPENSION--Table of Contents
 
                Subpart J_Limited Denial of Participation
 
Sec. 2424.1130  How may I contest my limited denial of participation?

    (a) Within 30 days after receiving a notice of limited denial of 
participation, you may request a conference with the official who issued 
such notice. The conference shall be held within 15 days after the 
Department's receipt of the request for a conference, unless you waive 
this time limit. The official or designee who imposed the sanction shall 
preside. At the conference, you may appear with a representative and may 
present all relevant information and materials to the official or 
designee. Within 20 days after the conference, or within 20 days after 
any agreed-upon extension of time for submission of additional 
materials, the official or designee shall, in writing, advise you of the 
decision to terminate, modify, or affirm the limited denial of 
participation. If all or a portion of the remaining period of exclusion 
is affirmed, the notice of affirmation shall advise you of the 
opportunity to contest the notice and to request a hearing before a 
Departmental Hearing Officer. You have 30 days after receipt of the 
notice of affirmation to request this hearing. If the official or 
designee does not issue a decision within the 20-day period, you may 
contest the sanction before a Departmental Hearing Officer. Again, you 
have 30 days from the expiration of the 20-day period to request this 
hearing. If you request a hearing before the Departmental Hearing 
Officer, you must submit your request to the Debarment Docket Clerk, 
Department of Housing and Urban Development, 451 Seventh Street, SW., B-
133 Portals 200, Washington DC 20410-0500.
    (b) You may skip the conference with the official and you may 
request a hearing before a Departmental Hearing Officer. This must also 
be done within 30 days after receiving a notice of limited denial of 
participation. If you opt to have a hearing before a Departmental 
Hearing Officer, you must submit your request to the Debarment Docket 
Clerk, Department of Housing and Urban Development, 451 Seventh Street, 
SW., B-133 Portals 200, Washington DC 20410-0500. The hearing before the 
Departmental Hearing Officer is more formal than the conference before 
the sanctioning official described above. The Departmental Hearing 
Officer will conduct the hearing in accordance with 24 CFR part 26, 
subpart A. The Departmental Hearing Officer will issue findings of fact 
and make a recommended decision. The sanctioning official will then make 
a final decision, as promptly as possible, after the Departmental 
Hearing Officer's recommended decision is issued. The sanctioning 
official may reject the recommended decision or any findings of fact, 
only after specifically determining that the decision or any of the 
facts are arbitrary, capricious, or clearly erroneous.
    (c) In deciding whether to terminate, modify, or affirm a limited 
denial of

[[Page 248]]

participation, the Departmental official or designee may consider the 
factors listed at 2 CFR 180.860. The Departmental Hearing Officer may 
also consider the factors listed at 2 CFR 180.860 in making any 
recommended decision.