(a) Application for reinstatement. A contractor debarred from
further contracts for an indefinite period under the act may request
reinstatement in a letter filed with the Deputy Assistant Secretary at
any time after the effective date of the debarment; a contractor
debarred for a fixed period may make such a request following the
expiration of six months from the effective date of the debarment. In
connection with the reinstatement proceedings, all debarred contractors
shall be required to show that they have established and will carry out
employment policies and practices in compliance with the act and this
part. Additionally, in determining whether reinstatement is appropriate
for a contractor debarred for a fixed period, the Deputy Assistant
Secretary also shall consider, among other factors, the severity of the
violation which resulted in the debarment, the contractor's attitude
towards compliance, the contractor's past compliance history, and
whether the contractor's reinstatement would impede the effective
enforcement of the act or this part. Before reaching a decision, the Deputy
Assistant Secretary may conduct a compliance evaluation of the contractor
and may require the contractor to supply additional information regarding the
request for reinstatement. The Deputy Assistant Secretary shall issue a
written decision on the request.
(b) Petition for review. Within 30 days of its receipt of a decision
denying a request for reinstatement, the contractor may file a petition
for review of the decision with the Secretary. The petition shall set
forth the grounds for the contractor's objections to the Deputy
Assistant Secretary's decision. The petition shall be served on the
Deputy Assistant Secretary and the Associate Solicitor for Civil Rights
and shall include the decision as an appendix. The Deputy Assistant
Secretary may file a response within 14 days to the petition. The
Secretary shall issue the final agency decision denying or granting the
request for reinstatement. Before reaching a final decision, the
Secretary may issue such additional orders respecting procedure as he or
she finds appropriate in the circumstances, including an order referring
the matter to the Office of Administrative Law Judges for an evidentiary
hearing where there is a material factual dispute that cannot be
resolved on the record before the Secretary.
