EDGAR Part 84 Subpart E (Violations of this Part and Consequences)
Subpart E_Violations of this Part and Consequences
Sec. 84.500 How are violations of this part determined for recipients
other than individuals?
A recipient other than an individual is in violation of the
requirements of this part if the ED Deciding Official determines, in
writing, that--
(a) The recipient has violated the requirements of subpart B of this
part; or
(b) The number of convictions of the recipient's employees for
violating criminal drug statutes in the workplace is large enough to
indicate that the recipient has failed to make a good faith effort to
provide a drug-free workplace.
(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
Sec. 84.505 How are violations of this part determined for recipients
who are individuals?
An individual recipient is in violation of the requirements of this
part if the ED Deciding Official determines, in writing, that--
(a) The recipient has violated the requirements of subpart C of this
part; or
(b) The recipient is convicted of a criminal drug offense resulting
from a violation occurring during the conduct of any award activity.
(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
Sec. 84.510 What actions will the Federal Government take against a
recipient determined to have violated this part?
If a recipient is determined to have violated this part, as
described in Sec. 84.500 or Sec. 84.505, the Department of Education
may take one or more of the following actions--
(a) Suspension of payments under the award;
(b) Suspension or termination of the award; and
(c) Suspension or debarment of the recipient under 34 CFR Part 85,
for a period not to exceed five years.
(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
Sec. 84.515 Are there any exceptions to those actions?
The ED Deciding Official may waive with respect to a particular
award, in writing, a suspension of payments under an award, suspension
or termination of an award, or suspension or debarment of a recipient if
the ED Deciding Official determines that such a waiver would be in the
public interest. This exception authority cannot be delegated to any
other official.
(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
EDGAR version June 23, 2005
