§ 1036.705 - Coordination with Department of Justice.

Whenever a meeting or fact-finding conference is requested, under § 1036.700(c), the debarring/suspending official's legal representative shall obtain the advice of appropriate Department of Justice officials concerning the impact disclosure of evidence at the meeting or fact-finding conference could have on any pending civil or criminal investigation or legal proceeding. If such official requests in writing that evidence needed to establish the existence of a cause for suspension or proposed debarment not be disclosed to the respondent, the debarring/suspending official shall:

(a) Decline to rely on such evidence and withdraw (without prejudice) the suspension or proposed debarment until such time as disclosure of the evidence is authorized; or

(b) Deny additional proceedings and base the decision on all information in the administrative recording, including any submissions made by the respondent.