Agency: 
Department of Housing and Urban Development
Scheme Nickname: 
Nonprocurement debarment and suspension

HUD's nonprocurement suspension and debarment scheme per federal "common" regulations, with the added twist of "limited denials of participation" (LDP). As with suspensions, LDPs take effect immediately but their effect is HUD-specific and does not get reported to the government-wide Excluded Persons List System (EPLS).

Note 1: DEC suspending/debarring official may refer a case with disputed material facts to the Office of Hearings and Appeals for fact-finding by an AJ or ALJ. The AJ/ALJ conducts a hearing and issues findings of fact and a recommended decision. The DEC suspending/debarring official makes the final decision.

Note 2: In LDP cases, a respondent, by right, may receive an oral hearing upon request. That fact-finding hearing is conducted by an Office of Hearings and Appeals adjudicator (i.e., AJ or ALJ), who issues findings of fact and a recommended decision. The DEC sanctioning official makes the final decision.

Types of Adjudication: 
Type A
Type B
Comments/Notes on Adjudication Type(s): 
DEC officials may refer a suspension, debarment, or LDP case to the HUD Office of Hearings and Appeals for a fact-finding hearing. The Office of Hearings and Appeals, in turn, may select either an AJ or ALJ to preside over such hearing. Based on debarment/suspension decisions posted in recent years on OHA's website, hearings in referred cases are primarily (if not exclusively) assigned to AJs.
Verified by Agency: 
Verified