[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR209.9]

[Page 851-852]
 
                       TITLE 22--FOREIGN RELATIONS
 
            CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT
 
PART 209_NON	DISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE 
 
Sec. 209.9  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required by Sec. 209.8(c), reasonable notice shall be given by 
registered or certified mail, return receipt requested, to the affected 
applicant or recipient. This notice shall advise the applicant or 
recipient of the action proposed to be taken, the specific provision 
under which the proposed action against it is to be taken, and the 
matters of fact or law asserted as the basis for this action, and either 
(1) fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the Administrator 
that the matter be scheduled for hearing, or (2) advise the applicant or 
recipient that the matter in question has been set down for hearing at a 
stated place and time. The time and place so fixed shall be reasonable 
and shall be subject to change for cause. The complainant, if any, shall 
be advised of the time and place of the hearing. An applicant or 
recipient may waive a hearing and submit written information and 
argument for the record. The failure of an applicant or recipient to 
request a hearing under this section or to appear at a hearing for which 
a date has been set shall be deemed to be a waiver of the right to a 
hearing under section 602 of the Act and Sec. 209.8(c) of this part and 
consent to the making of a decision on the basis of such information as 
is available.
    (b) Time and place of hearing. Hearings shall be held at the offices 
of the Agency for International Development in Washington, DC, at a time 
fixed by the Administrator unless he determines that the convenience of 
the applicant or recipient or of the Agency requires that another place 
be selected. Hearings shall be held before the Administrator or before a 
hearing examiner designated in accordance with 5 U.S.C. 3105 and 3344 
(section 11 of the Administrative Procedure Act).
    (c) Right to counsel. In all proceedings under this section, the 
applicant or recipient, and the Agency for International Development 
shall have the right to be represented by counsel.
    (d) Procedures, evidence, and record.
    (1) The hearing, decision, and any administrative review thereof 
shall be

[[Page 852]]

conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of the 
Administrative Procedure Act), and in accordance with such rules of 
procedure as are proper (and not inconsistent with this section) 
relating to the conduct of the hearing, giving of notices subsequent to 
those provided for in paragraph (a) of this section, taking of 
testimony, exhibits, arguments and briefs, requests for findings, and 
other related matters. Both the Agency for International Development and 
the applicant or recipient shall be entitled to introduce all relevant 
evidence on the issues as stated in the notice for hearing or as 
determined by the officer conducting the hearing at the outset of or 
during the hearing.
    (2) Technical rules of evidence shall not apply to hearings 
conducted pursuant to this part, but rules or principles designed to 
assure production of the most credible evidence available and to subject 
testimony to test by cross-examination shall be applied where reasonably 
necessary by the officer conducting the hearing. The hearing officer may 
exclude irrelevant, immaterial, or unduly repetitious evidence. All 
documents and other evidence offered or taken for the record shall be 
open to examination by the parties and opportunity shall be given to 
refute facts and arguments advanced on either side of the issues. A 
transcript shall be made of the oral evidence except to the extent the 
substance thereof is stipulated for the record. All decisions shall be 
based upon the hearing record and written findings shall be made.
    (e) Consolidated or joint hearings. In cases in which the same or 
related facts are asserted to constitute noncompliance with this part 
with respect to two or more Federal statutes, authorities, or other 
means by which Federal financial assistance is extended and to which 
this part applies or noncompliance with this part and the regulations of 
one or more other Federal departments or agencies issued under title VI 
of the Act, the Administrator may, by agreements with such other 
department or agencies, where applicable, provide for the conduct of 
consolidated or joint hearings, and for the application to such hearings 
of rules of procedure not inconsistent with this part. Final decisions 
in such cases, insofar as this part is concerned, shall be made in 
accordance with Sec. 209.10.

[30 FR 317, Jan. 9, 1965, as amended at 38 FR 17949, July 5, 1973]