Scheme: 
Case Type Number: 
9
Statute (Common Name): 
Drug-Free Workplace Act of 1988
Program Area: 
Other
Regulatory Authorities (CFR): 
13 CFR 134.201, 147.670; 2 CFR 2700.765, 2700.890
Filed By: 
Private Party/Individual
Brief Description of Case Type: 
These cases are suspension and debarment actions against recipients of SBA assistance (including grants, cooperative agreements and other financial assistance awards) who violate the Drug-Free Workplace Act of 1988 by failing to maintain a drug-free workplace or engaging in unlawful drug-related activity. See 13 CFR 147.100; see also 13 CFR 147.200 and 147.300. The SBA may suspend or terminate award payments, which triggers no adjudication, but it may also suspend or debar the recipient from participating in procurement or nonprocurement transactions entirely. See 13 CFR 147.510. If it does the latter, the SBA follows the procedures under 13 CFR Part 145, which was removed and relocated to 2 CFR Part 2700, which in turn relies upon the appeal procedures of 13 CFR Part 134. See 13 CFR 147.510(c); 2 CFR 2700.765 and 2700.890.
Relief Available in Actions Filed By Private Parties: 
Reinstatement/Restoration of Existing Right or Privilege
Reversal of Finding of Violation/Imposition of Penalty
Verified by Agency: 
Verified