TITLE 7 - AGRICULTURE

SUBTITLE B - REGULATIONS OF THE DEPARTMENT OF AGRICULTURE

CHAPTER XXX - OFFICE OF THE CHIEF FINANCIAL OFFICER, DEPARTMENT OF AGRICULTURE

SUBCHAPTER I - ADMINISTRATIVE REGULATIONS

PART 3017 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

subpart h - DEBARMENT

3017.845 - 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 3017.800. 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 3017.860.

  (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.