44 C.F.R. Subpart D—Suspension
Title 44 - Emergency Management and Assistance
(a) The suspending official may suspend a person for any of the causes in §17.405 using procedures established in §§17.410 through 17.413. (b) Suspension is a serious action to be imposed only when: (1) There exists adequate evidence of one or more of the causes set out in §17.405, and (2) Immediate action is necessary to protect the public interest. (c) In assessing the adequacy of the evidence, the agency should consider how much information is available, how credible it is given the circumstances, whether or not important allegations are corroborated, and what inferences can reasonably be drawn as a result. This assessment should include an examination of basic documents such as grants, cooperative agreements, loan authorizations, and contracts. (a) Suspension may be imposed in accordance with the provisions of §§17.400 through 17.413 upon adequate evidence: (1) To suspect the commission of an offense listed in §17.305(a); or (2) That a cause for debarment under §17.305 may exist. (b) Indictment shall constitute adequate evidence for purposes of suspension actions. (a) Investigation and referral. Information concerning the existence of a cause for suspension from any source shall be promptly reported, investigated, and referred, when appropriate, to the suspending official for consideration. After consideration, the suspending official may issue a notice of suspension. (b) Decisionmaking process. FEMA shall process suspension actions as informally as practicable, consistent with principles of fundamental fairness, using the procedures in §17.411 through §17.413. When a respondent is suspended, notice shall immediately be given: (a) That suspension has been imposed; (b) That the suspension is based on an indictment, conviction, or other adequate evidence that the respondent has committed irregularities seriously reflecting on the propriety of further Federal Government dealings with the respondent; (c) Describing any such irregularities in terms sufficient to put the respondent on notice without disclosing the Federal Government's evidence; (d) Of the cause(s) relied upon under §17.405 for imposing suspension; (e) That the suspension is for a temporary period pending the completion of an investigation or ensuing legal, debarment, or Program Fraud Civil Remedies Act proceedings; (f) Of the provisions of §17.411 through §17.413 and any other FEMA procedures, if applicable, governing suspension decisionmaking; and (g) Of the effect of the suspension. (a) Submission in opposition. Within 30 days after receipt of the notice of suspension, the respondent may submit, in person, in writing, or through a representative, information and argument in opposition to the suspension. (b) Additional proceedings as to disputed material facts. (1) If the suspending official finds that the respondent's submission in opposition raises a genuine dispute over facts material to the suspension, respondent(s) shall be afforded an opportunity to appear with a representative, submit documentary evidence, present witnesses, and confront any witness the agency presents, unless: (i) The action is based on an indictment, conviction or civil judgment, or (ii) A determination is made, on the basis of Department of Justice advice, that the substantial interests of the Federal Government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced. (2) A transcribed record of any additional proceedings shall be prepared and made available at cost to the respondent, upon request, unless the respondent and the agency, by mutual agreement, waive the requirement for a transcript. The suspending official may modify or terminate the suspension (for example, see §17.320(c) for reasons for reducing the period or scope of debarment) or may leave it in force. However, a decision to modify or terminate the suspension shall be without prejudice to the subsequent imposition of suspension by any other agency or debarment by any agency. The decision shall be rendered in accordance with the following provisions: (a) No additional proceedings necessary. In actions: based on an indictment, conviction, or civil judgment; in which there is no genuine dispute over material facts; or in which additional proceedings to determine disputed material facts have been denied on the basis of Department of Justice advice, the suspending official shall make a decision on the basis of all the information in the administrative record, including any submission made by the respondent. The decision shall be made within 45 days after receipt of any information and argument submitted by the respondent, unless the suspending official extends this period for good cause. (b) Additional proceedings necessary. (1) In actions in which additional proceedings are necessary to determine disputed material facts, written findings of fact shall be prepared. The suspending official shall base the decision on the facts as found, together with any information and argument submitted by the respondent and any other information in the administrative record. (2) The suspending official may refer matters involving disputed material facts to another official for findings of fact. The suspending official may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary or capricious or clearly erroneous. (c) Notice of suspending official's decision. Prompt written notice of the suspending official's decision shall be sent to the respondent. (a) Suspension shall be for a temporary period pending the completion of an investigation or ensuing legal, debarment, or Program Fraud Civil Remedies Act proceedings, unless terminated sooner by the suspending official or as provided in paragraph (b) of this section. (b) If legal or administrative proceedings are not initiated within 12 months after the date of the suspension notice, the suspension shall be terminated unless an Assistant Attorney General or United States Attorney requests its extension in writing, in which case it may be extended for an additional six months. In no event may a suspension extend beyond 18 months, unless such proceedings have been initiated within that period. (c) The suspending official shall notify the Department of Justice of an impending termination of a suspension, at least 30 days before the 12-month period expires, to give that Department an opportunity to request an extension. The scope of a suspension is the same as the scope of a debarment (see §17.325), except that the procedures of §§17.410 through 17.413 shall be used in imposing a suspension.
Title 44: Emergency Management and Assistance
PART 17—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
Subpart D—Suspension
§ 17.400 General.
§ 17.405 Causes for suspension.
§ 17.410 Procedures.
§ 17.411 Notice of suspension.
§ 17.412 Opportunity to contest suspension.
§ 17.413 Suspending official's decision.
§ 17.415 Period of suspension.
§ 17.420 Scope of suspension.
