|
51874 Federal Register / Vol. 70 , No . 168 / Wednesday , August 31 , 2005 / Rules and Regulations
<br /> § 180m715 What notice does the agency sends it if the facsimile is on the same facts as the suspension
<br /> suspending official give me if I am undeliverable ; or would be prejudiced by conducting facto
<br /> suspended ? ( 3) When delivered, if the agency finding .
<br /> After deciding to suspend you , the sends the notice by e-mail or five days (b) You will have an opportunity to
<br /> suspending official promptly sends youafter the agency sends it if the e-mail is challenge the facts if the suspending
<br /> a Notice of Suspension advising you— undeliverable , official determines that—
<br /> ( a) That you have been suspended ; (1) The conditions in paragraph ( a) of
<br /> (b ) That your suspension is based § 180 ,730 what information must i provide this section do not exist; and
<br /> to the suspending official if I contest the (2 } Your presentation in opposition
<br /> on— suspension?
<br /> ( 1 ) An indictment; raises a genuine dispute over facts
<br /> (2 ) A conviction ; (a) In addition to any information and material to the suspension.
<br /> ( 3 ) Other adequate evidence that you argument in opposition , as a respondent ( c) If you have an opportunity to
<br /> have committed irregularities which your submission to the suspending challenge disputed material facts under
<br /> seriously reflect on the propriety of official must identify--- this section , the suspending official or
<br /> further Federal Government dealings ( 1) Specific facts that contradict the designee must conduct additionai
<br /> with you ; or statements contained in the Notice of Droceedings to resolve those facts .
<br /> (4) Conduct of another person that has insufficient
<br /> n. A general denial is
<br /> been imputed to you , Or your affiliation insufficient to raise a genuine dispute § 180140 Are suspension proceedings
<br /> facts material to the suspension; format?
<br /> with a suspended or debarred person ; over
<br /> (2) All existing , proposed , or prior (a) Suspension proceedings are
<br /> ( c) Of any other irregularities in terms regulations conducted in a fair and informal re exclusions under
<br /> sufficient to put you an notice without g
<br /> disclosing the Federal Government ' s implementing Executive Order 12549 manner . The suspending official may
<br /> evidence ; and all similar actions taken by Federal , use flexible procedures to allow you to
<br /> ( d) Of the cause (s) upon which the State , or local agencies , including present matters in opposition. In so
<br /> suspending official relied under administrative agreements that affect doing, the suspending official is not
<br /> § 180 , 700 for imposing suspension; only those agencies ; required to follow formal rules of
<br /> (e ) That your suspension is fora (3 ) All criminal and civil proceedings evidence or procedure in creating an
<br /> temporary period ending the not included in the Notice of official record upon which the official
<br /> completion of an investigation or Suspension that grew out of facts will base a final suspension decision.
<br /> resulting legal or debarment relevant to the cause(s) stated in the (b) You as a respondent or your
<br /> proceedings ; notice ; and representative must submit any
<br /> ( f) Of the applicable provisions of this (4 ) All of your affiliates . documentary evidence you want the
<br /> subpart, Subpart F of this part , and any (b) If you fail to disclose this suspending official to consider.
<br /> Other agency procedures governing information, or provide false § 1 $0,745 How is tact-finding conducted ?
<br /> suspension decisionmaking; and information , the Federal agency taking a If fact-finding ' s conducted—
<br /> (g) Of the governmentwirie effect of the action may seek further criminal , O o
<br /> your suspension from procurement and civil or administrative action against ( 1) You may present witnesses and
<br /> ro riate. other evidence , and confront any
<br /> nonprocurement programs and You , as a pp p witness presented; and
<br /> activities , § 180.735 under what conditions do I get (2) The fact-finder must prepare
<br /> § 180 .72D How may I contest a an additional opportunity to challenge the written findings of fact for the record.
<br /> suspension? facts on which the suspension is hased7 (b) A transcribed record of facto
<br /> if you as a respondent wish to contest (a) You as a respondent will not have finding proceedings must be made ,
<br /> an additional opportunity to challenge unless you as a respondent and. the
<br /> a suspension , yeti or your representative the facts if the suspending official Federal agency agree to waive it in
<br /> must provide the suspending official determines that— advance. If you want a copy of the
<br /> with information in apposition to the ( 1) Your suspension is based upon an transcribed record , you may purchase it.
<br /> suspension . You may do this orally or indictment , conviction , civil judgment,
<br /> in writing , but any information or other finding by a Federal , State , or § 180.750 What does the suspending
<br /> provided orally that you considerlocal body for which an opportunity to official consider in deciding whether to
<br /> important must also be submitted in contest the facts was provided; continue or terminate my suspension?
<br /> writing for the official record ,
<br /> (2 ) Your presentation in opposition ( a) The suspending official basest e
<br /> § 180125 How much time dol have to contains only general denials to decision on all informauan contained in
<br /> contest a suspensionl information contained in the Notice of the official record. The record
<br /> (a) As a respondent you or your Suspension ; includes—
<br /> representative must either send , or make (3 ) The issues raised in your (1 ) All information in support of the
<br /> arrangements to appear and present , the presentation in opposition to the suspending official' s initial decision to
<br /> information and argument to the suspension are not factual in nature , or suspend
<br /> you;
<br /> further information and
<br /> suspending Official within 30 days after are not material to the suspending l ) Y
<br /> you receive the Notice of Suspension. official 's initial decision to suspend , or argument presented s support n or
<br /> it
<br /> (h) The Federal agency taking the the official' s decision whetherto °p 3OSAn trans1 ion to , cribedPeco d of fact-
<br /> action considers the notice to De continue the suspension ; or O Y
<br /> received by you— (4 ) On the basis of advice from the finding proceedings .
<br /> ( 1 ) When delivered, if the agency Department of Justice , an Office of the sp The suspending official may refer
<br /> mails the notice to the last known street United States Attorney , a State att
<br /> reeorney disputed material facts Ya another
<br /> address , or five days after the agency general' s office , or. a State or local official
<br /> s cial for findings of fact. The
<br /> sends if the letter is undeliverable ; prosecutor' s office , that substantial suspending official
<br /> e cial may reject any
<br /> ( 2 ) When sent, the agency sends the interests of the government in pending resulting findings , in whole or in part,
<br /> notice by facsimile or five days after the or contemplated legal proceedings based only after specifically determining them
<br />
|