[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15.10]

[Page 366-367]
 
                          TITLE 7--AGRICULTURE
 
PART 15_NONDISCRIMINATION--Table of Contents
 
   Subpart A_Nondiscrimination in Federally-Assisted Programs of the 
 Department of Agriculture_Effectuation of Title VI of the Civil Rights 
                               Act of 1964
 
Sec. 15.10  Decisions and notices.

    (a) Decision by hearing officer or Secretary. (1) The hearing 
officer shall either make an initial decision, if so authorized, or 
certify the entire record including his recommended findings, and 
proposed decision to the Secretary for a final decision, and a copy of 
such initial decision or certification shall be mailed to the applicant 
or recipient. The applicant or recipient may within 30 days of the 
mailing of such notice of initial decision file with the Secretary his 
exceptions to the initial decision, with his reasons therefor.
    (2) In the absence of exceptions, the Secretary may on his own 
motion within 45 days after the initial decision serve on the applicant 
or recipient a notice that he will review the decision. Upon the filing 
of such exceptions or of such notice of review the Secretary shall 
review the initial decision and issue his own decision thereon including 
the reasons therefor. In the absence of either exceptions or a notice of 
review the initial decision shall constitute the final decision of the 
Secretary.
    (b) Decisions on record or review. Whenever a record is certified to 
the Secretary for decision or he reviews the decision of a hearing 
officer pursuant to paragraph (a), the applicant or recipient shall be 
given reasonable opportunity to file with him briefs or other written 
statements of its contentions, and a copy of the final decision of the 
Secretary shall be given in writing to the applicant or recipient, and 
to the complainant, if any.
    (c) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 15.9(a), a decision shall be made by 
the Secretary 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.
    (d) Rulings required. Each decision of a hearing officer shall set 
forth his ruling on each finding, conclusion, or exception presented, 
and shall identify the requirement or requirements imposed by or 
pursuant to the regulations in this part with which it is found that the 
applicant or recipient has failed to comply.
    (e) Decision by Secretary. The Secretary shall make any final 
decision 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 the regulations in this 
part or the Act.
    (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, to which this regulation applies, and 
may contain such terms, conditions, and other provisions as are 
consistent with and will effectuate the purposes of the Act and the 
regulations in this part, including provisions designed to assure that 
no Federal financial assistance to which this regulation applies will 
thereafter be extended to the applicant or recipient determined by such 
decision to be in default in its performance of an assurance given by it 
pursuant to the regulations in this part, or to have otherwise failed to 
comply with the regulations in this part, unless and until it corrects 
its noncompliance and satisfies the Agency that it will fully comply 
with the regulations in 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 eligibilty 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 
the Act and the regulations in this part and provides reasonable 
assurance that it will fully comply therewith. An elementary or 
secondary school or school system which is unable to file an assurance 
of compliance with Sec. 15.4 (a), (b), or (d) shall be restored to full 
eligibility to receive Federal financial assistance if it complies with 
the requirements of a Sec. 15.4(e) and is otherwise in compliance with 
the Act and the regulations in this part.
    (2) Any applicant or recipient adversely affected by an order 
entered

[[Page 367]]

pursuant to paragraph (f) of this section may at any time request the 
Secretary to restore fully its eligibility to receive Federal financial 
assistance. Any such request shall be supported by information showing 
that the applicant or recipient has met the requirements of paragraph 
(g)(1) of this section. If the Secretary determines that those 
requirements have been satisfied, he shall restore such eligibility.
    (3) If the Secretary denies any such request, the applicant or 
recipient may submit a request for a hearing in writing, specifying why 
it believes the denial 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 set forth in subpart C of this part. 
The applicant or recipient will be restored to such eligibility if it 
proves at such a hearing, that it has satisfied the requirements of 
paragraph (g)(1) of this section. While proceedings under this paragraph 
are pending, the sanctions imposed by the order issued under paragraph 
(f) of this section shall remain in effect.

[29 FR 16274, Dec. 4, 1964, as amended at 35 FR 18384, Dec. 3, 1970; 38 
FR 17926, July 5, 1973; 68 FR 51341, Aug. 26, 2003]