[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR141.9]

[Page 588-589]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 141--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF STATE--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents
 
Sec. 141.9  Decisions and notices.

    (a) Decisions on record or review by the responsible Department 
official. The applicant or recipient shall be given reasonable 
opportunity to file with the officer presiding at the hearing briefs or 
other written statements of its contentions, and a copy of the final 
decision shall be given in writing to the applicant or recipient and to 
the complainant, if any. The officer presiding at the hearing shall 
render a decision on the matter.
    (b) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 141.8(a) a decision shall be made by 
the responsible Departmental official on the record and a copy of such 
decision shall be given in writing to the applicant or recipient, and to 
the complainant, if any.
    (c) Rulings required. Each decision of an officer presiding at the 
hearing shall set forth his ruling on each finding, conclusion, or 
exception presented, and shall identify the requirement or requirements 
imposed by or pursuant to this part with which it is found that the 
applicant or recipient has failed to comply.
    (d) Appeal. Either party may appeal from a decision of the officer 
presiding at the hearing to the responsible Department official within 
30 days of the mailing of the officer's decision. In the absence of such 
an appeal the decision of the officer presiding at the hearings shall 
constitute the final decision of the Department subject to paragraph (e) 
of this section.
    (e) Approval by Secretary. Any final decision by an officer (other 
than the

[[Page 589]]

Secretary) which provides for the suspension or termination of, or the 
refusal to grant or continue Federal financial assistance, or the 
imposition of any other sanction available under this part or the Act, 
shall promptly be transmitted to the Secretary who may approve such 
decision, may vacate it, or remit or mitigate any sanction imposed.
    (f) Content of orders. The final decision may provide for suspension 
or termination of, or refusal to grant or continue Federal financial 
assistance, in whole or in part, under the program involved, and may 
contain such terms, conditions, and other provisions as are consistent 
with and will effectuate the purposes of the Act and this part, 
including provisions designed to assure that no Federal financial 
assistance will thereafter be extended under such program to the 
applicant or recipient determined by such decision to be in default in 
its performance of an assurance given by it pursuant to this part, or to 
have otherwise failed to comply with this part, unless and until it 
corrects its noncompliance and satisfies the responsible Department 
official that it will fully comply with this part.
    (g) Post-termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
this regulation and provides reasonable assurance that it will fully 
comply with this regulation.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (f) of this section may at any time 
request the responsible Departmental official to restore fully its 
eligibility to receive Federal financial assistance. Any such request 
shall be supported by information establishing that the applicant or 
recipient has met the requirements of paragraph (g)(1) of this section. 
If the responsible Departmental official determines that those 
requirements have been satisfied, he shall restore such eligibility, but 
such determination shall be in writing and shall be supported by 
evidence and findings of fact which shall be retained by the Department.
    (3) If the responsible Departmental official denies any such 
request, the applicant or recipient may submit a request for a hearing 
in writing, specifying why it believes such official to have been in 
error. It shall thereupon be given an expeditious hearing, with a 
decision on the record, in accordance with rules of procedure issued by 
the responsible Departmental official. The burden of substantiating 
compliance with the requirements of paragraph (g)(1) of this section 
shall be on the applicant or recipient. While proceedings under this 
paragraph are pending, the sanctions imposed by the order issued under 
paragraph (f) of this section shall remain in effect.

[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17947, July 5, 1973]