TITLE 45 - PUBLIC WELFARE

SUBTITLE B - REGULATIONS RELATING TO PUBLIC WELFARE

CHAPTER XI - NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

SUBCHAPTER D - NATIONAL ENDOWMENT FOR THE HUMANITIES

PART 1169 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

subpart h - DEBARMENT

1169.845 - What does the debarring official consider in deciding whether to debar me?

  (a) The debarring official may debar you for any of the causes in 1169.800. However, the official need not debar you even if a cause for debarment exists. The official may consider the seriousness of your acts or omissions and the mitigating or aggravating factors set forth at 1169.860.

  (b) The debarring official bases the decision on all information contained in the official record. The record includes (1) All information in support of the debarring official's proposed debarment; (2) Any further information and argument presented in support of, or in opposition to, the proposed debarment; and (3) Any transcribed record of fact-finding proceedings.

  (c) The debarring official may refer disputed material facts to another official for findings of fact. The debarring official may reject any resultant findings, in whole or in part, only after specifically determining them to be arbitrary, capricious, or clearly erroneous.