Scheme Nickname:
Nonprocurement debarment and suspension
U. S. Election Assistance Commission's (EAC) informal adjudication scheme for nonprocurement suspension and debarment per adoption of OMB Guidance (2 CFR part 180), with added "twist" that EAC supplements the basic procedures in the OMB Guidance by making available both reconsideration and appellate review of adverse determinations.
Comments/Notes on Adjudication Structure:
Respondents may contest a suspension/debarment by presenting the suspending/debarring official with information -- orally or in writing (at their discretion, though "important" information should also be presented in writing if first presented orally) -- in opposition to the adverse action. Such presentations, if oral, are in the nature of informal meetings. (2 C.F.R. 180.720, 180.740, 180.815, 180.835). Respondents may also be afforded an "additional opportunity" to present evidence at a more trial-type hearing if the suspending/debarring official determines there is genuine dispute over facts material to the suspension or debarment. (2 C.F.R. 180.735, 180.745, 180.830, 180.840). Suspending/debarring officials may, at their discretion, refer disputed material facts to "another official" (unspecified) for a fact-finding hearing. (2 CFR 180.750((b), 180.845(c)).
The agency's debarring official is the Commission's Contracting Officer. If there is a vacancy in this position, the alternate debarring official is the Chief Financial Officer. 2 C.F.R. 5800.930.
Types of Adjudication:
Type B
Other Comments:
The EAC expressly preserves its authority to delegate the appeal review process to another Federal agency through a memorandum of understanding or interagency agreement. 2 C.F.R. 5800.890(e).
Verified by Agency:
Not verified
Is this a Major Adjudication:
No