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',4g
<br />:consent to the making of a decision on'
<br />the basis of such information as Ise
<br />avadalAe.
<br />(b) Time and place of hearing. Hear -
<br />Jiigs ahal! be held at the offices of the
<br />Department in Washington. D.C., at s.
<br />time. fixed by the Secretary IM he
<br />_ determines that the convenience of the
<br />applicant or recipient or of the Depart-
<br />ment requires that another place be
<br />selected. Hearings shall be held before
<br />the Secretary, or at !its discretion, before
<br />a hearing, examiner appointed In ac-
<br />cordance with section 3105 of title 5,
<br />Url &d States Code, or detailed under
<br />section 3344 of t..tle 5, United States
<br />Code.
<br />(c) Right to counsel. In all proceed-, under this section, the applicant or
<br />�I
<br />recipient and the Department shall have
<br />the right to be represented by counsel.
<br />tri) Procedures, evidence, and record.
<br />(1) The hearing, decision, and any ad-
<br />ininistra'.ive review thereof shall be con -
<br />dvO.ed in conformity with sections 554
<br />through 557 of title 5, United States
<br />Codas; and in accordance"wlth such rules
<br />of procedure es are proper (and not In-
<br />consistent with this section) relating to
<br />the conduct of the hearing, giving of
<br />notice; subsegt;ent to those provided for
<br />in paragraph (a) of this section, taking,
<br />of testimony, exhibits, arguments and
<br />briefs, requests for findings, and other.
<br />related matters. Both the Department
<br />and the applicant or recipient shall bei
<br />entitled to introduce all relevant evi-
<br />alence on the issues ss stated in the notice
<br />for hearing or as determined by the oM;
<br />cer evw)ducting the heartag at the outset
<br />of or during the hearing.
<br />(2) Technical rules of evidence do not
<br />apply !o hearings conducte,' pursuant to
<br />'this part, but rules or principles designed
<br />to assure production of the most credible
<br />evidence available and to subject test! -
<br />`many to test by cross- examination shall
<br />9):, a_,i. :ied where reasonably necessary by
<br />zi!t, of!ic(r conduetim -, the bearing. The
<br />'beam,! of cer ina:e exclude irrelevant.
<br />51ninateri.t!. or urauly repetitious evi-
<br />(lrnce. Al. eocuments and other evidence
<br />effervrl or taken for tilt: record shall be
<br />open Lo examination by the parties and
<br />dpl+orunity sir til be liven to refute facts
<br />attd a_gl_a •ncs advanced on either side of
<br />tine i :estt s. A transcript sha!1 be made of
<br />th". (,ral evidence uxerpt to the extent the
<br />szfosl.ance t(tereot is stipulated for the
<br />record. All decisions shalt be based upon
<br />the :learirg Tecord and written Andings
<br />shad bN.)aade.
<br />(e) Coa oirti :!ted or joint hearings. in
<br />cares in watch the same or related facts
<br />are at,t :need tut cow tU.ute noncompliance
<br />w:u, tilt, ►raft w0ii respect to two or
<br />i, -oi c - r•ograms to tt tich this part uppiles,
<br />or nfa,(,omphaanee with this part and the
<br />regulations of one or more other Federal
<br />depth! `.rnvats or ageneies issued under
<br />title V1 of the Act, the Secretary n:ay,
<br />by rwreernent with such other depart -.
<br />inent� or wmnrie5, %viler(, applicable, pro -
<br />vsdl! Ior the conduct of consolidated or
<br />Joint hearings, and for the application
<br />tc such hearings of rules or procedures
<br />not inr_nesistent with this part. Final de-
<br />in such cases, insofar as this req.
<br />ulation U concerned, shall, be made in ac-
<br />cordance with § 21.17.
<br />RUMES AND REGULATMNS
<br />§ 21.17 Dee6 ons and notices.
<br />(a) Procedure on decisions by hearivif
<br />examiner. If the hearing is held by a
<br />hearing examiner, the hearing examiner
<br />shall either make an initial decision, if so
<br />authorized, or certify the entire record
<br />including his recommended findi,-lgs and
<br />proposed decision to the Secretary for a
<br />final decision, and a copy of such initial
<br />decision or certirlcation shall be mailed
<br />to the applicant or recipient. Where the
<br />Initial decision is made by the heeiring
<br />examiner the applicant or reeipient.knay,
<br />within 30 days after the mailing ox such
<br />notice of 'initial decision, file tvith the
<br />Secretary his exceptions to the'initiai
<br />decision, with his reasons therefor. In
<br />'the absence of exceptions, the Secretary
<br />may, on his own motion, within 45 days
<br />after the Initial decision, serve on the
<br />applicant or recipient a notice that he
<br />will review the decision. 'Upon the filing
<br />of such exceptions or of notice of review,
<br />the Secretary shall review the initial de-
<br />cision and issue his own dachiion thereon
<br />including the reasons therefor. In the ab-
<br />sence of either exceptions or a notice of
<br />review the initial decision shall, subject
<br />to paragraph (ea of this section, consti-
<br />tute the final decision of the Secretary.
<br />(b) Decisions on record or review by
<br />the Secretary. Whenever a record is cer-
<br />tified to the Secretary for decision or he
<br />reviews the decision of a hearing_ exam-
<br />iner pursuant to paragraph (at of this
<br />section, or whenever the Secretary con-
<br />ducts the hearing, the applicant or rec!p-
<br />ient shall be (;even reasonable oppor-
<br />tunity to file with him briefs or other
<br />written statements of i (s contentions, arrd-
<br />a written copy of the ;anal &vision of the
<br />Secretary shall be sera to file applicant
<br />,or recipient and to t °,e complainant, if
<br />Ai =y.
<br />(c) Derisions on retrord where a hear-
<br />ing is waived. Whenever a hearing is
<br />waived pursuant to s 21.15, a decision
<br />shall be made by the Secreiaany on the
<br />record and a written copy of such deci-
<br />sion shall be sent t(. the applicant or
<br />- recipient, and to the complainant. if
<br />any.
<br />. (d) Rulings requirra. Each decision of
<br />a hearing examiner or the Secretary
<br />shat; set forth his ruling on each find-
<br />ing, conclusion, or exception presented,
<br />and shall identify the requirement or
<br />requirements Imposed by or pursuant to
<br />'this part with which it is found that the
<br />applicant or recipient has failed to
<br />comply.
<br />(e) Approval by Secretary. Any final
<br />decision by all official of the Department.
<br />other than the Stsc•retairy personally,
<br />which provides for the %w-pension or
<br />termination of, or t.ho refte ::tl to grant
<br />or ennttnue Federal tinandn' assistance.
<br />or the impa.itiun of :trey other sanction
<br />available under this p:. rt or the Act, shall
<br />promptly be transmitted to the Sucre-
<br />Lary personally, who may approve such
<br />derision, may vacate it., or remit or m!t!-
<br />gate any sanction Imp-med.
<br />if) Content of on?rrs. The final dect-
<br />sion may provide for sw9penslon or-
<br />termination of, or refusal to grant or
<br />continue Federal financial assistance, in
<br />whole or in part, u2hder the program in-
<br />volved, and may contain sucti terms.
<br />conditions, and other provisions an are
<br />*,consistent with and will. effectuate the
<br />purposes of the Act and this part, Includ-
<br />ing provisions designed to assure that no
<br />Federal financial assistance will there-
<br />after be extended under such programs
<br />to the applicant or recipient determined
<br />by such decision to be In default in its
<br />performance of an assurance given by it
<br />pursuant to this part, or to have other-
<br />wise failed to comply with this part,
<br />unless and tuitil it corrects Its noncom-
<br />pliance and satisfies the Secretary that,
<br />It will fully cor reply with this part.
<br />(g) Post termination proceedings. (1)
<br />An applicant or recipient adversely af-
<br />fected by an order issued under pars -
<br />graph (f) of this section shall be restored
<br />to full elObility to receive Federal finan-
<br />cial assistance If it satisfies the terms
<br />and conditions of that order for such
<br />eligibility or it It brings Itself Into com-
<br />pliance with this part and provides rea-
<br />sonable assurance that it will fully
<br />comply witl) this part.
<br />(2) Any applicant or recipient ad-
<br />versely Pf!ected.by an order entered pur-
<br />suant to paragraph (f) of this section
<br />may at any time request the Secretary
<br />to restore fully its eligibility to receive
<br />Federal financial assistance. Any such
<br />request shall be supported by informa
<br />tion showing that the applicant or
<br />recipient has met the requirements of
<br />subparagraph (1) of this paragraph. If
<br />the Secretary determines that those re-
<br />quirements have been satisfied, he shall
<br />restore such eligibility.
<br />(3) If the Secretary denies any such
<br />request, the applicant or recipient may
<br />submit a request for k hearing in writ-
<br />ing; specifying. why it believes such
<br />official to have been in error. It shall
<br />thereupon be given an expeditious hear-
<br />ing. with a decision on the record in ac-
<br />cordance with rules or procedures Issued
<br />by the Secretary. The applicant or re-
<br />cipient will be restored to such eligibility
<br />it it proves at such a hearing that it
<br />satisfied the requirements of subpara-
<br />graph (1) of this paragraph.
<br />While proceedings under this paragraph
<br />are pending; the sanctions imposed by
<br />the order issued under paragraph (f) of
<br />this section shall remain in effect.
<br />§ 21.19 Judicial review.
<br />Action taken pursuant to section 602
<br />pf the Act is subject to Judicial review
<br />.as provided in section 603 of the Act.
<br />21.21 Effert on oifier regiii"tion +,
<br />form., and in..,irart +on:..
<br />(a) Elect on other regulations. All
<br />regulations, orders, or like directions
<br />Issued before the effective date (it this
<br />part by any officer of the Department
<br />which impose requirements designed to
<br />prohibit any discrimination against ircli-
<br />viduas or: the grounds of race, color, or
<br />national origin under any progrein tci
<br />which this part applies, and which
<br />authorize the suspension or termination
<br />of or refusal- to grant or to continue
<br />Federal financial assistance to any appli-
<br />cant for or recipient of such assistance
<br />under such program for failure to com-
<br />ply with such requirements, are hereby
<br />superseded to the extent that such dis-
<br />crtmination. is prohibited by this part,
<br />F_ iRAL RWISfER,.VQt. 35, NO. 1178— THURSDAY, JUNG 18, 1410'
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