[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: 2CFR2424.1150]

[Page 248-249]
 
                     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. 2424.1150  What is the effect of a suspension or debarment on a limited 

denial of participation?

    If you have submitted a request for a hearing pursuant to Sec. 
2424.1130 of this subpart, and you also receive, pursuant to subpart G 
or H of this part, a notice of proposed debarment or suspension that is 
based on the same transaction(s) or the same conduct as the limited 
denial of participation, as determined by the debarring or suspending 
official, the following rules shall apply:

[[Page 249]]

    (a) During the 30-day period after you receive a notice of proposed 
debarment or suspension, during which you may elect to contest the 
debarment under 2 CFR 180.815, or the suspension pursuant to 2 CFR 
180.720, all proceedings in the limited denial of participation, 
including discovery, are automatically stayed.
    (b) If you do not contest the proposed debarment pursuant to 2 CFR 
180.815, or the suspension pursuant to 2 CFR 180.720, the final 
imposition of the debarment or suspension shall also constitute a final 
decision with respect to the limited denial of participation, to the 
extent that the debarment or suspension is based on the same 
transaction(s) or conduct as the limited denial of participation.
    (c) If you contest the proposed debarment pursuant to 2 CFR 180.815, 
or the suspension pursuant to 2 CFR 180.720, then:
    (1) Those parts of the limited denial of participation and the 
debarment or suspension based on the same transaction(s) or conduct, as 
determined by the debarring or suspending official, shall be immediately 
consolidated before the debarring or suspending official;
    (2) Proceedings under the consolidated portions of the limited 
denial of participation shall be stayed before the hearing officer until 
the suspending or debarring official makes a determination as to whether 
the consolidated matters should be referred to a hearing officer. Such a 
determination must be made within 90 days of the date of the issuance of 
the suspension or proposed debarment, unless the suspending/debarring 
official extends the period for good cause.
    (i) If the suspending or debarring official determines that there is 
a genuine dispute as to material facts regarding the consolidated 
matter, the entire consolidated matter will be referred to the hearing 
officer hearing the limited denial of participation, for additional 
proceedings pursuant to 2 CFR 180.750 or 180.845.
    (ii) If the suspending or debarring official determines that there 
is no dispute as to material facts regarding the consolidated matter, 
jurisdiction of the hearing officer under 2 CFR part 2424, subpart J, to 
hear those parts of the limited denial of participation based on the 
same transaction[s] or conduct as the debarment or suspension, as 
determined by the debarring or suspending official, will be transferred 
to the debarring or suspending official, and the hearing officer 
responsible for hearing the limited denial of participation shall 
transfer the administrative record to the debarring or suspending 
official.
    (3) The suspending or debarring official shall hear the entire 
consolidated case under the procedures governing suspensions and 
debarments, and shall issue a final decision as to both the limited 
denial of participation and the suspension or debarment.