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delegate agencies whether or not they (ii) After the notice described in actually participated in the hearing. paragraph (e)(6) of this section is filed
(7) A grantee may waive a hearing with the presiding officer, he shall not and submit written information and ar consult any person or party on a fact in gument for the record. Such material issue unless on notice and opportunity shall be submitted to the responsible for all parties to participate. However, CSA official within a reasonable period in performing his functions under this of time to be fixed by him upon the re- part the presiding officer may use the quest of the grantee. The failure of a
assistance and advice of an attorney grantee to request a hearing, or to ap
designated by the General Counsel of pear at a hearing for which a date has
CSA or the appropriate Regional Counbeen set, unless excused for good cause
sel: Provided, That the attorney desshall be deemed a waiver of the right to
ignated to assist him
has not repa hearing and consent to the making of resented CSA or any other party or a decision on the basis of such informa
otherwise participated in a proceeding, tion as is then in the possession of
recommendation, or decision in the CSA.
particular matter. (8) The responsible CSA official may
(3) Presentation of evidence. Both CSA attempt, either personally or through a
and the grantee are entitled to present representative, to resolve the issues in
their case by oral or documentary evidispute by informal means prior to the
dence, to submit rebuttal evidence and date of any applicable hearing.
to conduct such examination and cross
examination as may be required for a (d) Time and place of termination hearings. The termination hearing shall be
full and true disclosure of the facts
bearing on the issues. The issues shall held in Washington, D.C., or in the ap
be those stated in the notice required propriate Regional Office, at a time
to be filed by paragraph (e)(6) of this and place fixed by the responsible CSA
section, those stipulated in a prehearofficial, unless he determines that the
ing conference or those agreed to by convenience of CSA or of the parties or
the parties. their representatives requires that an
(4) Participation. (i) In addition to other place be selected.
CSA, the grantee, and any delegate (e) Termination hearing procedures-(1)
agencies which have a right to appear, General. The termination hearing, the
the presiding officer in his discretion decision on termination and any review
may permit the participation in the thereof shall be conducted in accord
proceedings of such persons or organiance with paragraphs (e), (f), and (8) of
zations as he deems necessary for a this section.
proper determination of the issues in(2) Presiding officer. (i) The presiding volved. Such participation may be limofficer at the hearing shall be the re ited to those issues or activities which sponsible CSA official or, at the discre
the presiding officer believes will meet tion of the responsible CSA official an the needs of the proceeding, and may independent hearing examiner des- be limited to the filing of written maignated as promptly as possible in ac terial. (ii) Any person or organization cordance with section 3105 of title 5 of that wishes to participate in a proceedthe United States Code. The presiding ing may apply for permission to do so officer shall conduct a full and fair from the presiding officer. This applihearing, avoid delay, maintain order, cation, which shall be made as soon as and make a sufficient record for a full possible after the notice of proposed and true disclosure of the facts and is termination has been received by the sues. To accomplish these ends, the grantee, shall state the applicant's inpresiding officer shall have all powers terest in the proceeding, the evidence authorized by law, and he may make or arguments the applicant intends to all procedural and evidentiary rulings contribute, and the necessity for the necessary for the conduct of the hear- introduction of such evidence or arguing. The hearing shall be open to the ments. (iii) The presiding officer shall public unless the presiding officer for permit or deny such participation and good cause shown shall otherwise de- shall give notice of his decision to the
applicant, the grantee, and CSA, and,
in the case of denial, a brief statement that there appear grounds which warof the reasons therefor: Provided how- rant termination shall be the date of ever, that the presiding officer may its delivery or attempted delivery at subsequently permit such participation the grantee's last known address as reif, in his opinion, it is warranted by flected in the records of CSA. subsequent circumstances. If participa- (9) Prehearing conferences. Prior to tion is granted, the presiding officer the commencement of a hearing the shall notify all parties of that fact and presiding officer may, subject to the may, in appropriate cases, include in provisions of paragraph (e)(2)(ii) of this the notification a brief statement of section, require the parties to meet the issues as to which participation is with him or correspond with him conpermitted. (iv) Permission to partici- cerning the settlement of any matter pate to any extent is not a recognition which will expedite a quick and fair that the participant has any interest conclusion of the hearing. which may be adversely affected or (10) Evidence. Technical rules of evithat the participant may be aggrieved dence shall not apply to hearings conby any decision, but is allowed solely ducted pursuant to this section but the for the aid and information of the pre presiding officer shall apply rules or siding officer.
principles designed to assure produc(5) Filing. All papers and documents tion of relevant evidence and to subject which are required to be filed shall be testimony to such examination and filed with the presiding officer. Prior to cross-examination as may be required filing, copies shall be sent to the other for a full and true disclosure of the parties.
facts. The presiding officer may ex(6) Notice. The responsible CSA offi clude irrelevant, immaterial, or unduly cial shall send the grantee and any repetitious evidence. A transcript shall other party a notice which states the be made of the oral evidence and shall time, place, and nature of the hearing, be made available to any participant and the legal authority and jurisdic upon payment of the prescribed costs. tion under which the hearing is to be All documents and other evidence subheld. The notice shall also identify mitted shall be open to examination by with reasonable specificity the facts the parties and opportunity shall be relied on as justifying termination and given to refute facts and arguments adthe CSA requirements which it is con- vanced on either side of the issues. tended the grantee has violated. The (11) Depositions. If the presiding offinotice shall be filed and served not cer determines that the interests of later than 10 days prior to the hearing justice would be served, he may auand a copy thereof shall be filed with thorize the taking of depositions prothe presiding officer.
vided that all parties are afforded an (7) Notice of intention to appear. The opportunity to participate in the takgrantee and any other party which has ing of the depositions. The party who a right or permission to participate in requested the deposition shall arrange the hearing shall give written con for a transcript to be made of the profirmation to CSA of its intention to ap ceedings and shall upon request, and at pear at the hearing 3 days before it is his expense, furnish all other parties scheduled to occur. Failure to do so with copies of the transcript. may, at the discretion of the presiding (12) Official notice. Official notice may officer, be deemed a waiver of the right be taken of a public document, or part to a hearing.
thereof, such as a statute, official re(8) Form and date of service. All papers port, decision, opinion or published sciand documents filed or sent to a party entific data issued by any agency of shall be signed in ink by the appro the Federal Government or a State or priate party or his authorized rep local government and such document resentative. The date on which papers or data may be entered on the record are filed shall be the day on which the without further proof of authenticity. papers or documents are deposited, Official notice may also be taken of postage prepaid in the U.S. mail, or are such matters as may be judicially nodelivered in person: Provided however, ticed in the courts of the United that the effective date of the notice States, or any other matter of estab
lished fact within the general knowl- on, including the reasons therefor. The edge of CSA. If the decision of the pre- decision of the responsible CSA official siding officer rests on official notice of may increase, modify, approve, vacate, a material fact not appearing in evi remit, or mitigate any sanction imdence, a party shall on timely request posed in the initial decision or may rebe afforded an opportunity to show the mand the matter to the presiding officontrary.
cer for further hearing or consider(13) Proposed findings and conclusions. ation. After the hearing has concluded, but (4) Whenever a hearing is waived, a before the presiding officer makes his decision shall be made by the respondecision, he shall afford each partici sible CSA official and a written copy of pant a reasonable opportunity to sub the final decision of the responsible mit proposed findings of fact and con CSA official shall be given to the clusions. After considering each pro grantee. posed finding or conclusion the presid (5) The grantee may request the Diing officer shall state in his decision rector to review a final decision by the whether he has accepted or rejected responsible CSA official which provides them in accordance with the provisions for termination. Such a request must of paragraph (f)(1) of this section.
be made in writing within 15 days after (1) Decisions, termination notices, and the grantee has been notified of the dereview by the director. (1) Each decision cision in question and must state in deof a presiding officer shall set forth his tail the reasons for seeking the review. findings of fact, and conclusions, and In the event the grantee requests such shall state whether he has accepted or a review, the Director or his designee rejected each proposed finding of fact shall consider the reasons stated by the and conclusion submitted by the par grantee for seeking the review and ties, pursuant to paragraph (e)(13) of shall approve, modify, vacate or mitithis section. Findings of fact shall be gate any sanction imposed by the rebased only upon evidence submitted to sponsible CSA official or remand the the presiding officer and matters of matter to the responsible CSA official which official notice has been taken. for further hearing or consideration. The decision shall also specify the re- The decision of the responsible CSA ofquirement or requirements with which ficial will be given great weight by the it is found that the grantee has failed Director or his designee during the reto comply.
view. During the course of his review (2) The decision of the presiding offi- the Director or his designee may, but is cer may provide for continued suspen not required to, hold a hearing or allow sion or termination of the grant in the filing of briefs and arguments. whole or in part, and may contain such Pending the decision of the Director or terms, conditions, and other provisions his designee, the grant shall remain as are consistent with and will effec- suspended under the terms and the contuate the purposes of the Act.
ditions specified by the responsible (3) If the hearing is held by an inde CSA official, unless the responsible pendent hearing examiner rather than CSA official or the Director or his desby the responsible CSA official, he ignee otherwise determines. Every reashall make an initial decision, and a sonable effort shall be made to comcopy of this initial decision shall be plete the review by the Director or his mailed to all parties. Any party may, designee within 30 days of receipt by within 20 days of the mailing of such the Director of the grantee's request. initial decision, or such longer period The Director or his designee may howof time as the presiding officer speci ever extend this period of time if he defies, file with the responsible CSA offi- termines that additional time is neccial his exceptions to the initial deci- essary for an adequate review. sion and any supporting brief or state- (g) Right to counsel: Travel expenses. In ment. Upon the filing of such excep all proceedings under this section tions, the responsible CSA official whether formal or informal, the grantshall, within 20 days of the mailing of ee and CSA shall have the right to be the exceptions, review the initial deci- represented by counsel or other authorsion and issue his own decision there ized representatives. If the grantee and
pected Federal funds and of property purchased with program funds shall be according to the provisions of CSA Instruction 6800–12, Grant Closeout Procedures. Termination shall not affect expenditures or legally binding commitments made prior to the grantee's receipt of notice of the termination, provided such expenditures were made in good faith and are otherwise allowable. Funds shall not be considered to be legally committed solely by virtue of a grantee's contract or other commitment to a delegate agency.
Subpart N-Standard Form for Ap
plying for Federal Assistance (SÉ 424) (CSA Instruction 6800-14)
any delegate agencies which have a right to participate in a termination hearing pursuant to paragraph (c) of this section do not have an attorney acting in that capacity as a regular member of the staff of the organization, the Boards of Directors of such grantees and delegate agencies will be authorized to designate an attorney to represent their organizations at any termination hearing and to transfer sufficient funds from their current op erating grants to pay the fees, travel, and per diem expenses of such attorney. The fees for such attorney shall be the reasonable and customary fees for an attorney practicing in the locality of the attorney. However, such fees shall not exceed $100 per day without the express written approval of CSA. Travel and per diem expenses may be paid to such attorney from grant funds only in accordance with the policies set forth in the Standard Travel Regulation and in 45 CFR 1069.3–1 to 3-6 (CSA Instruction 6910-la). The Board of Directors of the grantee or any delegate agency which has a right to participate in a termination hearing pursuant to paragraph (e) of this section will also be authorized to designate two persons in addition to an attorney whose travel and per diem expenses to attend the meeting or hearing may be paid from the organization's current operating grant. Such travel and per diem expenses shall conform to the policies set forth in the Standard Government Regulations and in 45 CFR 1069.3-1 to 1069.3-6 (CSA Instruction 6910_la).
(h) Modification of procedures by consent. The responsible CSA official or the presiding officer of a termination hearing may alter, eliminate or modify any of the provisions of this section with the consent of the grantee and, in the case of a termination hearing, with the consent of all delegate agencies that have a right to participate in the hearing pursuant to paragraph (c)(5) of this section. Such consent must be in writing or be recorded in the hearing transcript.
(i) Other remedies. The procedures established by this section shall not preclude CSA from pursuing other remedies authorized by law.
(j) Consequences of termination. Upon termination, the disposition of unex
(1) OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (Attachment M).
(2) FMC 74–7, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments (Attachment M).
(3) CSA Instruction 6710-3a, Project Review and Notification System. (45 CFR 1067.10.)
(4) OEO Instruction 6710-1, Applying for a CAP Grant and Changes thereto.
(5) CSA Instruction 6710-6, Applying for a Grant Under Title VII of the Community Services Act. (45 CFR 1067.15.)
(6) CSA Instruction 6143-la, Emergency Energy Conservation Program. (45 CFR 1061.30.)
(7) OEO Instruction 7570-1, Applying for a new Research or Demonstration Grant Under ТОА.
(8) OEO Instruction 7570-2, Applying for Continuation of a Research or Demonstration Grant.
8 1050.121 Standards.
(a) Standard Form 424 will be used by public agencies and private organizations as a face sheet for applications when applying for any CSA grant.
(b) The SF-424 will be used to fulfill the requirements of OMB Circular A-95 for a notification of intent from applicant to clearinghouse(s) that assistance will be applied for from CSA in those instances where clearinghouses do not require other forms.
(c) The SF 424 will also be used by CSA funding offices to report to the clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMB Cir
cular A-95, and to notify States of $1050.130-4 Definitions. grants-in-aid awarded in accordance
(a) Real property. Real property with Treasury Circular 1082.
means land, including land and im1050.122 CSA implementing policies
provements, structures and appurand procedures.
tenances thereto, but excluding mov
able machinery and equipment. (a) Detailed CSA policies regarding
(b) Personal property. Personal propthe uses of the SF 424, including infor
erty means any kind except real prop mation on completing the form, will be erty. It may be tangible-having physfound in reference (3).
ical existence, or intangible having no (b) Detailed policies and procedures physical existence, such as patents, infor applying for grants under the Eco ventions and copyrights. nomic Opportunity Act will be found in
(c) Nonerpendable personal property. references (4) through (8).
Nonexpendable personal property
means tangible personal property havSubpart O-Property
ing a useful life of more than one year Management Standards and an acquisition cost of $300 or more
per unit except that grantees subject
to Cost Accounting Standards Board SOURCE: 45 FR 8299, Feb. 7. 1980, unless otherwise noted.
regulations may use the CASB stand
ard or $500 per unit and useful life of § 1050.130_1 Applicability.
two years. A grantee may use its own
definition of nonexpendable personal This subpart applies to all grants,
property provided that the definition delegate agency agreements, and other
would at least include all tangible peragreements to public and private orga
sonal property as defined above. nizations/agencies under the Economic
(d) Expendable personal property. ExOpportunity Act of 1964, as amended,
pendable personal property refers to all when such assistance is administered
tangible personal property other than by the Community Services Adminis
nonexpendable property. tration,
(e) Ercess property. Excess property $ 1060.1802 References.
means property under the control of
any Federal agency that, as deter(a) OMB Circular A-110, Grants and mined by the head thereof, is no longer Agreements with Institutions of Higher
required for its needs or the discharge Education, Hospitals, and Other Non of its responsibilities. profit Organizations.
(1) Acquisition cost of purchased (b) OMB Circular A-102, Uniform Ad nonexpendable personal property. Acquiministrative Requirements for Grants sition cost of an item of purchased in-Aid to State and Local Govern nonexpendable personal property ments.
means the net invoice unit price of the (c) Pub. L. 94-519, Disposal of Excess
property including the cost of modiand Surplus Federal Property, 90 Stat. fications, attachments, accessories, or 2456, 40 U.S.C. 483C.
auxiliary apparatus necessary to make (d) 45 CFR 1067.5, General Conditions
the property usable for the purpose for Governing CSA Grants Funded Under which it was acquired. Other charges Titles II, III-B and VII.
such as the cost of installation, trans
portation, taxes, duty or protective in$ 1050.130_3 Purpose.
transit insurance, shall be included unThis subpart sets forth the standards less it is contrary to the grantee's esgoverning management of property ac tablished accounting practices. quired with funds awarded by the Com- (8) Erempt property. Exempt property munity Services Administration or means tangible personal property accost of which was charged to a project quired in whole or in part with Federal supported by CSA grant or other agree funds, and title to which is vested in ment. The grantee may use its own the grantee without further obligation property management standard proce to the Federal Government except as dures provided it observes the provi- provided in $1050.130-8a. Such uncondisions of this subpart.
tional vesting of title will be pursuant