Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 34 - Education |
Subtitle B - Regulations of the Offices of the Department of Education |
Chapter I - Office for Civil Rights, Department of Education |
Part 85 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT) |
§ 85.25 - How is this part organized? |
§ 85.50 - How is this part written? |
§ 85.75 - Do terms in this part have special meanings? |
Subpart A - General |
§ 85.100 - What does this part do? |
§ 85.105 - Does this part apply to me? |
§ 85.110 - What is the purpose of the nonprocurement debarment and suspension system? |
§ 85.115 - How does an exclusion restrict a person's involvement in covered transactions? |
§ 85.120 - May we grant an exception to let an excluded person participate in a covered transaction? |
§ 85.125 - Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts? |
§ 85.130 - Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions? |
§ 85.135 - May the Department of Education exclude a person who is not currently participating in a nonprocurement transaction? |
§ 85.140 - How do I know if a person is excluded? |
§ 85.145 - Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions? |
Subpart B - Covered Transactions |
§ 85.200 - What is a covered transaction? |
§ 85.201 - Treatment of title IV, HEA participation. |
§ 85.205 - Why is it important if a particular transaction is a covered transaction? |
§ 85.210 - Which nonprocurement transactions are covered transactions? |
§ 85.215 - Which nonprocurement transactions are not covered transactions? |
§ 85.220 - Are any procurement contracts included as covered transactions? |
§ 85.225 - How do I know if a transaction in which I may participate is a covered transaction? |
Subpart C - Responsibilities of Participants Regarding Transactions |
§ 85.311 - Investigation and referral. |
§ 85.312 - Notice of proposed debarment. |
§ 85.313 - Opportunity to contest proposed debarment. |
§ 85.314 - Debarring official's decision. |
§ 85.316 - Procedures for title IV, HEA debarments. |
Doing Business With Other Persons |
§ 85.300 - What must I do before I enter into a covered transaction with another person at the next lower tier? |
§ 85.305 - May I enter into a covered transaction with an excluded or disqualified person? |
§ 85.310 - What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction? |
§ 85.315 - May I use the services of an excluded person as a principal under a covered transaction? |
§ 85.320 - Must I verify that principals of my covered transactions are eligible to participate? |
§ 85.325 - What happens if I do business with an excluded person in a covered transaction? |
§ 85.330 - What requirements must I pass down to persons at lower tiers with whom I intend to do business? |
Disclosing Information—Lower Tier Participants |
§ 85.355 - What information must I provide to a higher tier participant before entering into a covered transaction with that participant? |
§ 85.360 - What happens if I fail to disclose the information required under 85.355? |
§ 85.365 - What must I do if I learn of information required under 85.355 after entering into a covered transaction with a higher tier participant? |
Disclosing Information—Primary Tier Participants |
§ 85.335 - What information must I provide before entering into a covered transaction with the Department of Education? |
§ 85.340 - If I disclose unfavorable information required under 85.335, will I be prevented from participating in the transaction? |
§ 85.345 - What happens if I fail to disclose information required under 85.335? |
§ 85.350 - What must I do if I learn of information required under 85.335 after entering into a covered transaction with the Department of Education? |
Subpart D - Responsibilities of ED Officials Regarding Transactions |
§ 85.400 - May I enter into a transaction with an excluded or disqualified person? |
§ 85.405 - May I enter into a covered transaction with a participant if a principal of the transaction is excluded? |
§ 85.410 - May I approve a participant's use of the services of an excluded person? |
§ 85.411 - Notice of suspension. |
§ 85.412 - Opportunity to contest suspension. |
§ 85.413 - Suspending official's decision. |
§ 85.414 - Procedures for title IV, HEA suspensions under E.O. 12549. |
§ 85.415 - What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction? |
§ 85.420 - May I approve a transaction with an excluded or disqualified person at a lower tier? |
§ 85.425 - When do I check to see if a person is excluded or disqualified? |
§ 85.430 - How do I check to see if a person is excluded or disqualified? |
§ 85.435 - What must I require of a primary tier participant? |
§ 85.440 - What method do I use to communicate those requirements to participants? |
§ 85.445 - What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person? |
§ 85.450 - What action may I take if a primary tier participant fails to disclose the information required under 85.335? |
§ 85.455 - What may I do if a lower tier participant fails to disclose the information required under 85.355 to the next higher tier? |
Subpart E - Excluded Parties List System |
§ 85.500 - What is the purpose of the Excluded Parties List System (EPLS)? |
§ 85.505 - Who uses the EPLS? |
§ 85.510 - Who maintains the EPLS? |
§ 85.515 - What specific information is in the EPLS? |
§ 85.520 - Who places the information into the EPLS? |
§ 85.525 - Whom do I ask if I have questions about a person in the EPLS? |
§ 85.530 - Where can I find the EPLS? |
Subpart F - General Principles Relating to Suspension and Debarment Actions |
§ 85.600 - How do suspension and debarment actions start? |
§ 85.605 - How does suspension differ from debarment? |
§ 85.610 - What procedures does the Department of Education use in suspension and debarment actions? |
§ 85.611 - What procedures do we use for a suspension or debarment action involving a title IV, HEA transaction? |
§ 85.612 - When does an exclusion by another agency affect the ability of the excluded person to participate in a title IV, HEA transaction? |
§ 85.615 - How does the Department of Education notify a person of a suspension or debarment action? |
§ 85.620 - Do Federal agencies coordinate suspension and debarment actions? |
§ 85.625 - What is the scope of a suspension or debarment? |
§ 85.630 - May the Department of Education impute conduct of one person to another? |
§ 85.635 - May the Department of Education settle a debarment or suspension action? |
§ 85.640 - May a settlement include a voluntary exclusion? |
§ 85.645 - Do other Federal agencies know if the Department of Education agrees to a voluntary exclusion? |
Appendix A to Part 85 - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions |
Appendix B to Part 85 - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions |
Appendix C to Part 85 - Certification Regarding Drug-Free Workplace Requirements |
Subpart G - Suspension |
§ 85.700 - When may the suspending official issue a suspension? |
§ 85.705 - What does the suspending official consider in issuing a suspension? |
§ 85.710 - When does a suspension take effect? |
§ 85.711 - When does a suspension affect title IV, HEA transactions? |
§ 85.715 - What notice does the suspending official give me if I am suspended? |
§ 85.720 - How may I contest a suspension? |
§ 85.725 - How much time do I have to contest a suspension? |
§ 85.730 - What information must I provide to the suspending official if I contest a suspension? |
§ 85.735 - Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based? |
§ 85.740 - Are suspension proceedings formal? |
§ 85.745 - How is fact-finding conducted? |
§ 85.750 - What does the suspending official consider in deciding whether to continue or terminate my suspension? |
§ 85.755 - When will I know whether the suspension is continued or terminated? |
§ 85.760 - How long may my suspension last? |
Subpart H - Debarment |
§ 85.800 - What are the causes for debarment? |
§ 85.805 - What notice does the debarring official give me if I am proposed for debarment? |
§ 85.810 - When does a debarment take effect? |
§ 85.811 - When does a debarment affect title IV, HEA transactions? |
§ 85.815 - How may I contest a proposed debarment? |
§ 85.820 - How much time do I have to contest a proposed debarment? |
§ 85.825 - What information must I provide to the debarring official if I contest a proposed debarment? |
§ 85.830 - Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based? |
§ 85.835 - Are debarment proceedings formal? |
§ 85.840 - How is fact-finding conducted? |
§ 85.845 - What does the debarring official consider in deciding whether to debar me? |
§ 85.850 - What is the standard of proof in a debarment action? |
§ 85.855 - Who has the burden of proof in a debarment action? |
§ 85.860 - What factors may influence the debarring official's decision? |
§ 85.865 - How long may my debarment last? |
§ 85.870 - When do I know if the debarring official debars me? |
§ 85.875 - May I ask the debarring official to reconsider a decision to debar me? |
§ 85.880 - What factors may influence the debarring official during reconsideration? |
§ 85.885 - May the debarring official extend a debarment? |
Subpart I - Definitions |
§ 85.900 - Adequate evidence. |
§ 85.905 - Affiliate. |
§ 85.910 - Agency. |
§ 85.915 - Agent or representative. |
§ 85.920 - Civil judgment. |
§ 85.925 - Conviction. |
§ 85.930 - Debarment. |
§ 85.935 - Debarring official. |
§ 85.940 - Disqualified. |
§ 85.942 - ED Deciding Official. |
§ 85.945 - Excluded or exclusion. |
§ 85.950 - Excluded Parties List System |
§ 85.952 - HEA. |
§ 85.955 - Indictment. |
§ 85.960 - Ineligible or ineligibility. |
§ 85.965 - Legal proceedings. |
§ 85.970 - Nonprocurement transaction. |
§ 85.975 - Notice. |
§ 85.980 - Participant. |
§ 85.985 - Person. |
§ 85.990 - Preponderance of the evidence. |
§ 85.995 - Principal. |
§ 85.1000 - Respondent. |
§ 85.1005 - State. |
§ 85.1010 - Suspending official. |
§ 85.1015 - Suspension. |
§ 85.1016 - Title IV, HEA participant. |
§ 85.1017 - Title IV, HEA program. |
§ 85.1018 - Title IV, HEA transaction. |
§ 85.1020 - Voluntary exclusion or voluntarily excluded. |
Subpart J - [Reserved] |
Appendix to Part 85 - Covered Transactions |