Code of Federal Regulations (Last Updated: February 15, 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) |
Subpart F - General Principles Relating to Suspension and Debarment Actions |
§ 85.611 - What procedures do we use for a suspension or debarment action involving a title IV, HEA transaction?
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(a) If we suspend a title IV, HEA participant under Executive Order 12549, we use the following procedures to ensure that the suspension prevents participation in title IV, HEA transactions:
(1) The notification procedures in § 85.715.
(2) Instead of the procedures in § 85.720 through § 85.760, the procedures in 34 CFR part 668, subpart G or 34 CFR part 682, subpart D or G as applicable.
(3) In addition to the findings and conclusions required by 34 CFR part 668, subpart G or 34 CFR part 682, subpart D or G, the suspending official, and, on appeal, the Secretary determines whether there is sufficient cause for suspension as explained in § 85.700.
(b) If we debar a title IV, HEA participant under E.O. 12549, we use the following procedures to ensure that the debarment also precludes participation in title IV, HEA transactions:
(1) The notification procedures in § 85.805 and § 85.870.
(2) Instead of the procedures in § 85.810 through § 85.885, the procedures in 34 CFR part 668, subpart G or 34 CFR part 682, subpart D or G, as applicable.
(3) On appeal from a decision debarring a title IV, HEA participant, we issue a final decision after we receive any written materials from the parties.
(4) In addition to the findings and conclusions required by 34 CFR part 668, subpart G or 34 CFR part 682, subpart D or G, the debarring official, and, on appeal, the Secretary determines whether there is sufficient cause for debarment as explained in § 85.800.