DOTRNPRC0008

Scheme Nickname: 
DOT Nonprocurement suspension & debarment proceedings

This scheme sets out the DOT's procedures for suspending or debarring persons participating in nonprocurement programs (i.e., not procurement contracts for good or services). This primarily includes financial assistance such as loan guarantees, subsidies, cooperative agreements, scholarships or grants. See 2 CFR 180.970(a); see also 2 CFR 1200.10 (adopting for DOT the regulations in 2 CFR Part 180, including those specifying the types of covered nonprocurement transactions). In adjudicating these disputes, DOT looks to the procedures in 2 CFR Part 180, which provides nonprocurement guidance to all federal agencies. See 2 CFR 1200.30.

Adjudication Levels: 
LevelName of OfficeAre administrative appeals permitted from final decisions at this stage?
Hearing Level
No
Comments/Notes on Adjudication Structure: 
-The applicable regulations define both the "debarring official" and the "suspending official" who hears these cases as the agency head or his designee. See 2 CFR 180.930, 180.1010. 49 CFR 1.38(a) suggests that the Assistant Secretary for Administration has been delegated authority to oversee both procurement and non-procurement/financial assistance transactions; therefore the Assistant Secretary is listed as Hearing Officer 1. The regulations also provide that the suspending or debarring official "may refer disputed material facts to another official for findings of fact." 2 CFR 180.8750(b); 2 CFR 180.845(c). Therefore Hearing Officer 2 is listed as "fact-finding official."
Types of Adjudication: 
Type B
Verified by Agency: 
Not verified
Is this a Major Adjudication: 
No