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(c) Termination of or refusal to grant fected applicant or recipient. This noor to continue Federal financial as tice shall advise the applicant or recipisistance. No order suspending, termi ent of the action proposed to be taken, nating, or refusing to grant or continue the specific provision under which the Federal financial assistance shall be proposed action against it is to be taken, come effective until (1) the responsible and the matters of fact or law asserted Foundation official has advised the ap as the basis for this action, and either plicant or recipient of his failure to (1) fix a date not less than twenty days comply and has determined that com after the date of such notice within pliance cannot be secured by voluntary which the applicant or recipient may remeans, (2) there has been an express quest of the responsible Foundation offinding on the record, after opportunity ficial that the matter be scheduled for for hearings, of a failure by the appli hearing or (2) advise the applicant or cant or recipient to comply with a re recipient that the matter in question has quirement imposed by or pursuant to been set down for hearing at a stated this part, (3) the action has been ap place and time. The time and place so proved by the Director and the National fixed shall be reasonable and shall be Science Board pursuant to $ 611.10(e) subject to change for cause. The comand (4) the expiration of thirty days plainant, if any, shall be advised of the after the Director has filed with the time and place of the hearing. An apCommittee of the House and the Com plicant or recipient may waive a hearing mittee of the Senate having legislative and submit written information and jurisdiction over the program involved, argument for the record. The failure a full written report of the circum of an applicant or recipient to request stances and the grounds for such action. a hearing under this paragraph or to Any action to suspend or terminate or appear at a hearing for which a date to refuse to grant or to continue Fed has been set shall be deemed to be a eral financial assistance shall be limited waiver of the right to a hearing under to the particular political entity, or part section 602 of the Act and $ 611.8(c) thereof, or other applicant or recipient and consent to the making of a decision as to whom such a finding has been made on the basis of such information as is and shall be limited in its effect to the available. particular program, or part thereof, in (b) Time and place of hearing. which such noncompliance has been so Hearings shall be held at the offices of found.
the Foundation in Washington, D.C., at (d) Other means authorized by law. a time fixed by the responsible FoundaNo action to effect compliance by any
tion official unless he determines that the other means authorized by law shall be convenience of the applicant or recipitaken until (1) the responsible Founda ent or of the Foundation requires that tion official has determined that compli another place be selected. Hearings ance cannot be secured by voluntary
shall be held before the responsible means, (2) the action has been approved Foundation official or, at the discretion by the Director and the National Science of the Director, a hearing examiner desBoard, (3) the recipient or other person ignated in accordance with section 11 of has been notified of its failure to comply
the Administrative Procedure Act. and of the action to be taken to effect (c) Right to counsel. In all proceedcompliance, and (4) the expiration of at ings under this section, the applicant or least ten days from the mailing of such recipient and the Foundation shall have notice to the recipient or other person. the right to be represented by counsel. During this period of at least ten days (d) Procedures, evidence, and record. additional efforts shall be made to per
(1) The hearing, decision, and any adsuade the recipient or other person to
ministrative review thereof shall be concomply with this part and to take such
ducted in conformity with sections 5-8 corrective action as may be appropriate.
of the Administrative Procedure Act,
and in accordance with such rules of $ 611.9 Hearings.
procedure as are proper (and not incon(a) Opportunity for hearing. When sistent with this section) relating to the ever an opportunity for a hearing is re conduct of the hearing, giving of notices quired by $ 611.8(b), reasonable notice subsequent to those provided for in parashall be given by registered or certified graph (a) of this section, taking of testi. mail, return receipt requested, to the af mony, exhibits, arguments and briefs,
requests for findings, and other related matters. Both the Foundation and the applicant or recipient shall be entitled to introduce all relevant evidence on the issues as stated in the notice for hearing or as determined by the officer conducting the hearing at the outset of or during the hearing.
(2) Technical rules of evidence shall not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where reasonably necessary by the officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made.
(e) Consolidated or joint hearings. In cases in which the same or related facts are asserted to constitute noncompliance with this part with respect to two or more programs to which this part applies or noncompliance with this part and the regulations of one or more other Federal departments or agencies issued under Title VI of the Act, the Director may, by agreement with such other departments or agencies, where applicable, provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules of procedure not inconsistent with this part. Final decisions in such cases, insofar as this part is concerned, shall be made in accordance with 8 611.10. § 611.10 Decisions and notices.
(a) Decision by a person or persons other than the responsible Foundation official. If the hearing is held by a hearing examiner, such hearing examiner shall either make an initial decision, if so authorized, or certify the entire record including recommended findings and proposed decision to the responsible Foundation official for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient. Where the initial
decision is made by the hearing examiner, the applicant or recipient may within 30 days of the mailing of such notice of initial decision file with the responsible Foundation official his exceptions to the initial decision, with his reasons therefor. In the absence of exceptions, the responsible Foundation official may on his own motion within 45 days after the initial decision serve on the applicant or recipient a notice that he will review the decision. Upon the filing of such exceptions or of such notice of review the responsible Foundation official shall review the initial decision and issue his own decision thereon including the reasons therefor. In the absence of either exceptions or a notice of review the initial decision shall constitute the final decision of the responsible Foundation official.
(b) Decisions on record or review by the responsible Foundation official. Whenever, after hearing, a record is certified to the responsible Foundation official for decision or he reviews the decision of a hearing examiner pursuant to paragraph (a) of this section, or whenever the responsible Foundation official conducts the hearing, the applicant or recipient shall be given reasonable opportunity to file with him briefs or other written statements of its contentions, and a copy of the final decision of the responsible foundation official shall be given in writing to the applicant or recipient, and to the complainant, if any.
(c) Decisions on record where a hearing is waived. Whenever a hearing is waived pursuant to § 611.9(a), a decision shall be made by the responsible Foundation official on the record and a copy of such decision shall be given in writing to the applicant or recipient, and to the complainant, if any.
(d) Rulings required. Each decision of a hearing officer, panel, or responsible Foundation official shall set forth the ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part with which it is found that the applicant or recipient has failed to comply.
(e) Approval by Director and National Science Board. Any final decision of a responsible Foundation official (other than the Director) which provides for the suspension or termination of, or the refusal to grant or continue Federal financial assistance, or the imposition of any other sanction available under this
part or the Act, shall promptly be trans- ing future amendments thereof): (1) mitted to the Director who may approve Executive Orders 10925 and 11114, and such decision, may vacate it, or remit or regulations issued thereunder, or (2) mitigate any sanction imposed. In the Executive Order 11063 and regulations event that the imposition of a sanction issued thereunder or any other reglais considered appropriate by the Director, tions or instructions insofar as such such decision will be forwarded to the order, regulations or instructions proNational Science Board for approval be- hibit discrimination on the grounds of fore any sanction is imposed.
race, color, or natural origin in any pro(f) Content of orders. The final de gram or situation to which this part is cision may provide for suspension or ter inapplicable, or prohibit discrimination mination of, or refusal to grant or con on any other ground. tinue Federal financial assistance, in (b) Forms and instructions. Each whole or in part, under the program in responsible Foundation official shall issue volved, and may contain such terms, and promptly make available to interconditions, and other provisions as are ested persons forms and detailed instrucconsistent with and will effectuate the tions and procedures for effectuating purposes of the Act and this part, includ this part as applied to programs to which ing provisions designed to assure that no this part applies and for which he is Federal financial assistance will there responsible. after be extended under such program to (c) Supervision and coordination. the applicant or recipient determined by The Director may from time to time assuch decision to be in default in its sign to officials of other departments or performance of an assurance given by agencies of the Government, with the it pursuant to this part, or to have other
consent of such departments or agencies, wise failed to comply with this part, responsibilities in connection with the unless and until it corrects its noncom effectuation of the purposes of Title VI pliance and satisfies the responsible of the Act and this part (other than reFoundation oficial that it will fully com sponsibility for final decision as provided ply with this part.
in 8 611.10), including the achievement
of effective coordination and maximum 8 611.11 Judicial review.
uniformity within the Foundation and Action taken pursuant to section 602 of within the Executive Branch of the Govthe Act is subject to judicial review as ernment in the application of Title VI provided in section 603 of the Act.
and this regulation to similar programs & 611.12 Effect on other regulations;
and in similar situations. forms and instructions.
§ 611.13 Definitions. (a) Effect on other regulations. All As used in this part: regulations, orders, or like directions (a) The term “Foundation" means the heretofore issued by any officer of the National Science Foundation, and inFoundation which impose requirements cludes each of its organizational units. designed to prohibit any discrimination (b) The term "Director" means the against individuals on the ground of Director of the National Science Founrace, color, or national origin under any dation. program to which this part applies, and (c) The term "responsible Foundation which authorize the suspension or ter official" with respect to any program remination of or refusal to grant or to con ceiving Federal financial assistance tinue Federal financial assistance to any means the Director or other official of applicant for or recipient of such assist the Foundation designated by the ance under such program for failure to Director. comply with such requirements, are (d) The term "United States” means hereby superseded to the extent that the States of the United States, the Dissuch discrimination is prohibited by this trict of Columbia, Puerto Rico, the part, except that nothing in this part Virgin Islands, American Samoa, Guam, shall be deemed to relieve any person of Wake Island, the Canal Zone, and the any obligation assumed or imposed under territories and possessions of the United any such superseded regulation, order, States, and the term “State" means any Instruction, or like direction prior to the one of the foregoing. effective date of this part. Nothing in (e) The term “Federal financial asthis part, however, shall be deemed to sistance" Includes (1) grants and loans supersede any of the following (includ- of Federal funds, (2) the grant or the
ance is extended, directly or through another recipient, for any program, including any successor, assign, or transferee thereof, but such term does not include any ultimate beneficiary under any such program.
(1) The term “primary recipient" means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.
(j) The term "applicant" means one who submits an application, request, or plan required to be approved by a responsible Foundation official, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term "application" means such an application, request, or plan.
APPENDIX A PROGRAMS TO WHICH THIS PART APPLIES I
donation of Federal property and interests in property, (3) the detail of Federal personnel, (4) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.
(f) The term “program" includes any program, project, or activity involving the provision of services, financial aid, or other benefits to individuals (including education or training, health, housing, or other services, whether provided through employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and in
o work opportunities and cash or loan or other assistance to individuals), or for the provision of facilities for furnishing services, financial aid or other benefits to individuals. The services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such non-Federal resources.
(g) The term "facility” includes all or any portion of structures, equipment, or other real or personal property or inter
real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.
(h) The term "recipient" means any State, political subdivision of any State, or instrumentality of any State or politicial subdivision, any public or private agency, Institution, or organization, or other entity or any individual, in any State, to whom Federal financial assist
1. Support of basic scientific research.
2. Development and implementation of institutional science programs.
A. Institutional base grants.
B. Instructional equipment for undergraduate education.
C. Graduate science facilities. D. Science development. 3. Support of specialized research facilities. 4. Science education programs. A. Institutes.
B. Research participation and science activities for teachers.
C. Science education for undergraduate students.
D. Science education for secondary students.
E. Specialized advanced science education projects.
F. Cost of education payments to universities.
PART 630—FELLOWSHIP REVIEW
PANEL Sec. 630.1 Purpose. 630.2 Definitions. 630.3 Fellowship Review Panel; Fellowship
Review Board; in general. 630.4 Procedural safeguards. 630.5 Hearing before Fellowship Review
Board or a Hearing Officer. 630.6 Preliminary decision; Initial decision;
final decision. 630.7 Notice to the individual concerned
and opportunity to submit comment on preliminary decision and initial decision.
1 All the above programs listed are conducted pursuant to authority contained in the National Science Foundation Act of 1950, as amended, 42 U.S.C. 1861-1875.
AUTHORITY: The provisions of this Part 630 issued under sec. 11(a), 64 Stat. 153; 42 U.S.C. 1870.
SOURCE: The provisions of this Part 630 appear at 29 F.R. 14540, Oct, 23, 1964, unless otherwise noted. $ 630.1 Purpose.
This part establishes a Fellowship Review Panel, from which Fellowship Review Boards will be selected, for the purpose of providing hearings where an opportunity for such hearing is provided for in applicable procedures of the Foundation, in cases where the Director has found substantial reason for a belief that a fellowship award should be denied or discontinued, on grounds involving, in accordance with applicable criteria, the moral character or loyalty of the applicant for, or holder of, the award. 8 630.2 Definitions.
(a) “Fellowship Review Panel" (also referred to as "Panel”) means a panel of from nine to twelve members selected by the Director, with the approval of the National Science Board, for such terms as may be designated by him, which shall include at least four representatives of the legal discipline and at least four representatives of the field of higher education. At least eight members of the Panel shall be selected from sources outside the Foundation.
(b) "Panel Chairman" means one of the panel members designated by the Director, with the approval of the National Science Board, to serve as Chairman of the Panel for such time as shall be indicated in the designation.
(c) "Fellowship Review Board" means not less than three members of the Panel designated by the Panel Chairman for the consideration of one or more cases submitted by the Director. At least two Fellowship Review Board members shall be persons other than employees of the Foundation, and the Fellowship Review Board shall include at least one representative of the legal discipline and one from the field of higher education. In no event shall anyone who participated in any previous consideration of a case be eligible to serve on a board in connection with its consideration of that case. The Panel Chairman may designate himself as one of the members of a Fellowship Review Board or as the Chairman thereof.
(d) "Fellowship Review Board Chairman" means a member of a Fellowship
Review Board who has been designated as Chairman of such Board by the Panel Chairman.
(e) "Foundation" means the National Science Foundation.
(f) “Submission means a referral (of an individual's request for a hearing) by the Director pursuant to $ 610.5 of this chapter.
(g) "Preliminary decision" means the recommended decision, including findings of fact and conclusions reached in the light of the applicable criteria, prepared by a Hearing Officer and submitted to the Fellowship Review Board.
(h) "Initial decision" means the recommended decision of the Fellowship Review Board, which shall include (1) findings of fact and conclusion reached in the light of the applicable criteria and when applicable, (2) the reasons for any changes or modifications made by the Fellowship Review Board in a preliminary decision.
(i) "Director” means the Director of the National Science Foundation,
(j) “Applicable criteria" means those set forth in § 610.4 of this chapter, or in manual or other issuances of the Foundation pertaining to denial or discontinuance of fellowship or scholarship awards on grounds involving moral character or loyalty. $ 630.3 Fellowship Review Panel; Fel.
lowship Review Board; in general. Upon receipt of a submission from the Director, the Chairman of the Fellowship Review Panel shall refer the case to a Fellowship Review Board, constituted as provided in § 630.2(c), for the purpose of recommending to the Director and the National Science Board, on the basis of a preponderance of the evidence, after affording to the individual concerned an opportunity for a fair hearing, whether the fellowship or scholarship award should be denied or discontinued by the Foundation on grounds involving, in accordance with applicable criteria, the moral character or loyalty of the applicant for, or holder of the award. The Fellowship Review Board's recommendation shall be embodied in an initial decision in accordance with $ 630.2(h), $ 630.4 Procedural safeguards.
The Fellowship Review Board shall take appropriate steps to afford the individual concerned an opportunity for a fair hearing, which shall include pro