**§18.10 Decisions and notices.**

\(a\) *Procedure on decisions by an administrative law judge.* If the
hearing is held by an administrative law judge such administrative law
judge shall either make an initial decision, if so authorized, or
certify the entire record including recommended findings and proposed
decision to the responsible agency official for a final decision, and a
copy of such initial decision or certification shall be mailed to the
applicant or recipient. Where the initial decision is made by the
administrative law judge the applicant or recipient may within 30 days
of the mailing of such notice of initial decision file with the
responsible agency official exceptions to the initial decision with
reasons therefor. In the absence of exceptions, the responsible agency
official may within 45 days after the initial decision serve on the
applicant or recipient a notice that the decision will be reviewed. Upon
the filing of such exceptions or of such notice of review the
responsible agency official shall review the initial decision and issue
a decision thereon including the reasons therefor. In the absence of
either exceptions or a notice of review the initial decision shall
constitute the final decision of the responsible agency official.

\(b\) *Decisions on record or review by the responsible agency
official.* Whenever a record is certified to the responsible agency
official for decision or the official reviews the decision of an
administrative law judge pursuant to paragraph (a) of this section, or
whenever the responsible agency official conducts the hearing, the
applicant or recipient shall be given reasonable opportunity to file
with the official briefs or other written statements of its contentions,
and a written copy of the final decision of the responsible agency
official shall be sent to the applicant or recipient and to the
complainant, if any.

\(c\) *Decisions on record where a hearing is waived.* Whenever a
hearing is waived pursuant to §18.9(a) a decision shall be made by the
responsible agency official on the record and a written copy of such
decision shall be sent to the applicant or recipient, and to the
complainant, if any.

\(d\) *Rulings required.* Each decision of an administrative law judge
or responsible agency official shall set forth a ruling on each finding,
conclusion, or exception presented, and shall identify the requirements
imposed by or pursuant to this part with which it is found that the
applicant or recipient has failed to comply.

\(e\) *Approval by Secretary.* Any final decision by an administrative
law judge which provides for the suspension or termination of, or the
refusal to grant or continue Federal financial assistance, or the
imposition of any other sanction available under this part of the Act,
shall promptly be transmitted to the Secretary personally, who may
approve such decision, may vacate it, or remit or mitigate any sanction
imposed.

\(f\) *Content of orders.* The final decision may provide for suspension
or termination of, or refusal to grant or continue Federal financial
assistance, in whole or in part, to which this regulation applies, and
may contain such terms, conditions, and other provisions as are
consistent with and will effectuate the purposes of the Act and this
part, including provisions designed to assure that no Federal financial
assistance to which this regulation applies will thereafter be extended
to the applicant or recipient determined by such decision to be in
default in its performance of an assurance given by it pursuant to this
part, or to have otherwise failed to comply with this part, unless and
until it corrects its noncompliance and satisfies the responsible agency
official that it will fully comply with this part.

\(g\) *Post termination proceedings.*

\(1\) An applicant or recipient adversely affected by an order issued
under paragraph (f) of this section shall be restored to full
eligibility to receive Federal financial assistance if it satisfies the
terms and conditions of that order for such eligibility or if it brings
itself into compliance with this section and provides reasonable
assurance that it will fully comply with this part.

\(2\) Any applicant or recipient adversely affected by an order entered
pursuant to paragraph (f) of this section may at any time request the
responsible agency official to restore fully its eligibility to receive
Federal financial assistance. Any such request shall be supported by
information showing that the applicant or recipient has met the
requirements of paragraph (g)(1) of this section. If the responsible
agency official determines that those requirements have been satisfied,
the official shall restore such eligibility.

\(3\) If the responsible agency official denies any such request, the
applicant or recipient may submit a request for a hearing in writing,
specifying why it believes such official to have been in error. It shall
thereupon be given an expeditious hearing, with a decision on the
record, in accordance with rules of procedure issued by the responsible
agency official. The applicant or recipient will be restored to such
eligibility if it proves at such a hearing that it satisfied the
requirements of paragraph (g)(1) of this section. While proceedings
under this paragraph are pending, the sanctions imposed by the order
issued under paragraph (f) of this section shall remain in effect.

\[29 FR 19301, Dec. 31, 1964, as amended at 38 FR 17966, July 5, 1973.
Designated subpart A at 45 FR 63268, Sept. 24, 1980, and amended at 51
FR 10384, Mar. 26, 1986; 68 FR 51369, Aug. 26, 2003\]

**Supplement *Highlights* reference**: 58(1)