[Code of Federal Regulations]
[Title 7, Volume 15]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR3017.890]

[Page 197]
 
                          TITLE 7--AGRICULTURE
 
                         CHAPTER XXX--OFFICE OF
                      THE CHIEF FINANCIAL OFFICER,
                        DEPARTMENT OF AGRICULTURE
 
PART 3017_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
--Table of Contents
 
                           Subpart H_Debarment
 
Sec. 3017.890  How may I appeal my debarment?

    (a) You may file an appeal only after you have exhausted the option 
provided for in Sec. 3017.815 to contest the debarment. You must file 
your appeal within 30 days of receiving the decision required by Sec. 
3017.870 and your filing must specify the basis of the appeal. You must 
submit your appeal in writing to the Hearing Clerk in the Office of 
Administrative Law Judges (OALJ), United States Department of 
Agriculture (USDA), Washington, DC 20250. The assigned appeals officer 
may vacate the decision of the debarring official only if the officer 
determines that the decision is:
    (1) Not in accordance with law;
    (2) Not based on the applicable standard of evidence; or
    (3) Arbitrary and capricious and an abuse of discretion.
    (b) The appeals officer will base the decision solely on the 
administrative record.
    (c) Within 90 days of the date that you file your appeal with USDA's 
OALJ Hearing Clerk, the appeals officer will give written notification 
of the decision to you and to the debarring official who took the action 
being appealed.
    (d) The appeals officer's decision is final and is not appealable 
within USDA.

[68 FR 66565, Nov. 26, 2003]