Agency:
Scheme Nickname:
Nonprocurement debarment and suspension
National Endowment for the Arts (NEA)'s informal adjudication scheme for nonprocurement suspension and debarment per adoption of OMB Guidance (2 CFR part 180). [Note: NEA's rules simply adopt the procedural minima set forth in the OMB Guidance, without adding any procedures, appellate proceedings, or definitions.]
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)).
Types of Adjudication:
Type B
Resources & Articles:
NEA Civil Rights Complaint Process: http://arts.gov/open/civil-rights-office/nea-civil-rights-complaint-process
NEA Complaint Form Package: http://arts.gov/file/civil-rights-office-complaint-package-2013doc
Verified by Agency:
Not verified
Is this a Major Adjudication:
No