Office of National Drug Control Policy § 1404.725

Subpart G—Suspension § 1404.715 What notice does the sus- pending give me if I am sus- § 1404.700 When may the suspending pended? official issue a suspension? After deciding to suspend you, the Suspension is a serious action. Using suspending official promptly sends you the procedures of this subpart and sub- a Notice of Suspension advising you— part F of this part, the suspending offi- (a) That you have been suspended; cial may impose suspension only when (b) That your suspension is based that official determines that— on— (a) There exists an indictment for, or (1) An indictment; other adequate evidence to suspect, an (2) A conviction; offense listed under § 1404.800(a), or (3) Other adequate evidence that you (b) There exists adequate evidence to have committed irregularities which suspect any other cause for debarment seriously reflect on the propriety of listed under § 1404.800(b) through (d); further Federal Government dealings and with you; or (c) Immediate action is necessary to (4) Conduct of another person that protect the public interest. has been imputed to you, or your affili- ation with a suspended or debarred per- § 1404.705 What does the suspending son; official consider in issuing a sus- (c) Of any other irregularities in ? terms sufficient to put you on notice (a) In determining the adequacy of without disclosing the Federal Govern- the evidence to support the suspension, ment’s evidence; the suspending official considers how (d) Of the cause(s) upon which we re- much information is available, how lied under § 1404.700 for imposing sus- credible it is given the circumstances, pension; whether or not important allegations (e) That your suspension is for a tem- are corroborated, and what inferences porary period pending the completion can reasonably be drawn as a result. of an investigation or resulting legal or During this assessment, the suspending debarment proceedings; official may examine the basic docu- (f) Of the applicable provisions of this ments, including grants, subpart, Subpart F of this part, and agreements, loan authorizations, con- any other Office of National Drug Con- tracts, and other relevant documents. trol Policy procedures governing sus- (b) An indictment, conviction, civil pension decision making; and judgment, or other official findings by (g) Of the governmentwide effect of Federal, State, or local bodies that de- your suspension from procurement and termine factual and/or legal matters, nonprocurement programs and activi- constitutes adequate evidence for pur- ties. poses of suspension actions. (c) In deciding whether immediate § 1404.720 How may I contest a suspen- action is needed to protect the public sion? interest, the suspending official has If you as a respondent wish to con- wide discretion. For example, the sus- test a suspension, you or your rep- pending official may infer the neces- resentative must provide the sus- sity for immediate action to protect pending official with information in the public interest either from the na- opposition to the suspension. You may ture of the circumstances giving rise to do this orally or in writing, but any in- a cause for suspension or from poten- formation provided orally that you tial business relationships or involve- consider important must also be sub- ment with a program of the Federal mitted in writing for the official Government. record.

§ 1404.710 When does a suspension § 1404.725 How much time do I have to take effect? contest a suspension? A suspension is effective when the (a) As a respondent you or your rep- suspending official signs the decision resentative must either send, or make to suspend. arrangements to appear and present,

299

VerDate Mar<15>2010 07:57 May 04, 2011 Jkt 223073 PO 00000 Frm 00309 Fmt 8010 Sfmt 8010 Y:\SGML\223073.XXX 223073 erowe on DSK5CLS3C1PROD with CFR