Title 2
SECTION 3485.612
3485.612 When does an exclusion by another agency affect the ability of the excluded person to participate in a title IV, HEA transaction
§ 3485.612 When does an exclusion by another agency affect the ability of the excluded person to participate in a title IV, HEA transaction?(a) If a title IV, HEA participant is debarred by another agency under E.O. 12549, using procedures described in paragraph (d) of this section, that party is not eligible to enter into title IV, HEA transactions for the duration of the debarment.
(b)(1) If a title IV, HEA participant is suspended by another agency under E.O. 12549 or under a proposed debarment under the Federal Acquisition Regulation (FAR) (48 CFR part 9, subpart 9.4), using procedures described in paragraph (d) of this section, that party is not eligible to enter into title IV, HEA transactions for the duration of the suspension.
(2)(i) The suspension of title IV, HEA eligibility as a result of suspension by another agency lasts for at least 60 days.
(ii) If the excluded party does not object to the suspension, the 60-day period begins on the 35th day after that agency issues the notice of suspension.
(iii) If the excluded party objects to the suspension, the 60-day period begins on the date of the decision of the suspending official.
(3) The suspension of title IV, HEA eligibility does not end on the 60th day if -
(i) The excluded party agrees to an extension; or
(ii) Before the 60th day we begin a limitation or termination proceeding against the excluded party under 34 CFR part 668, subpart G, or part 682, subpart D or G.
(c)(1) If a title IV, HEA participant is debarred or suspended by another Federal agency -
(i) We notify the participant whether the debarment or suspension prohibits participation in title IV, HEA transactions; and
(ii) If participation is prohibited, we state the effective date and duration of the prohibition.
(2) If a debarment or suspension by another agency prohibits participation in title IV, HEA transactions, that prohibition takes effect 20 days after we mail notice of our action.
(3) If the Department or another Federal agency suspends a title IV, HEA participant, we determine whether grounds exist for an emergency action against the participant under 34 CFR part 668, subpart G, or part 682, subpart D or G, as applicable.
(4) We use the procedures in § 3485.611 to exclude a title IV, HEA participant excluded by another Federal agency using procedures that did not meet the standards in paragraph (d) of this section.
(d) If a title IV, HEA participant is excluded by another agency, we debar, terminate, or suspend the participant - as provided under this part, 34 CFR part 668, or 34 CFR part 682, as applicable - if that agency followed procedures that gave the excluded party -
(1) Notice of the proposed action;
(2) An opportunity to submit and have considered evidence and argument to oppose the proposed action;
(3) An opportunity to present its objection at a hearing -
(i) At which the agency has the burden of persuasion by a preponderance of the evidence that there is cause for the exclusion; and
(ii) Conducted by an impartial person who does not also exercise prosecutorial or investigative responsibilities with respect to the exclusion action;
(4) An opportunity to present witness testimony, unless the hearing official finds that there is no genuine dispute about a material fact;
(5) An opportunity to have agency witnesses with personal knowledge of material facts in genuine dispute testify about those facts, if the hearing official determines their testimony to be needed, in light of other available evidence and witnesses; and
(6) A written decision stating findings of fact and conclusions of law on which the decision is rendered.
(Authority: E.O. 12549 (3 CFR 1986 Comp., p. 189); E.O. 12689 (3 CFR 1989 Comp., p. 235); sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); 20 U.S.C. 1082, 1094, 1221e-3, and 3474)