20 C.F.R. § 641.450 Are there responsibility conditions that alone will disqualify an applicant?
Title 20 - Employees' Benefits
(a) Yes, an applicant may be disqualified if either of the first two responsibility tests listed in §641.440 is not met. (b) The remainder of the responsibility tests listed in §641.440 require a substantial or persistent failure (for 2 or more consecutive years). (c) The second responsibility test addresses “fraud or criminal activity of a significant nature.” The existence of significant fraud or criminal activity will be determined by the Department and typically will include willful or grossly negligent disregard for the use, handling, or other fiduciary duties of Federal funding where the grantee has no effective systems, checks, or safeguards to detect or prevent fraud or criminal activity. Additionally, significant fraud or criminal activity will typically include coordinated patterns or behaviors that pervade a grantee's administration or are focused at the higher levels of a grantee's management or authority. To be consistent with the OAA section 514(d)(4)(B), this determination will be made on a case-by-case basis regardless of what party identifies the alleged fraud or criminal activity.
Title 20: Employees' Benefits
PART 641—PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
Subpart D—Grant Application, Eligibility, and Award Requirements
§ 641.450 Are there responsibility conditions that alone will disqualify an applicant?
