Encl. (1) to COMDTINST 5350.20A
other written statements of its contentions, and a written copy of the final decision of the
Secretary shall be sent 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. 21.15, a decision shall be made by the Secretary on the record and a
written copy of such decision shall be sent to the applicant or recipient, and to the
complainant, if any.
(d) Rulings required. Each decision of a hearing examiner or the Secretary shall set
forth his ruling on each finding, conclusion, or exception presented, and shall identify the
requirement or requirements imposed by or pursuant to this part with which it is found
that the applicant or recipient has failed to comply.
(e) Approval by Secretary. Any final decision by an official of the Department, other
than the Secretary personally, 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 this part or the Act, shall promptly be transmitted to the
Secretary personally, who may approve such decision, may vacate it, or remit or mitigate
any sanction imposed.
(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 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 this
part, or to have otherwise failed to comply with this part, unless and until it corrects its
noncompliance and satisfies the Secretary that it will fully comply with 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 eligibility 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 this part and provides reasonable
assurance that it will fully comply with this part.
(2) Any applicant or recipient adversely affected by an order entered 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 such official to have been in
error. It shall thereupon be given an expeditious hearing, with a decision on the record in
accordance with rules or procedures issued by the Secretary. The applicant or recipient
will be restored to such eligibility if it proves at such a hearing that it 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.
Sec. 21.19 Judicial review.
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