---
kind: "section"
citation: "12 C.F.R. § 367.14"
title: "12"
number: "367.14"
heading: "Responses."
url: "https://uscodex.org/cfr/12/367.14"
---

# §367.14. Responses.

- (a) The contractor will have 15 days from the date of the notice within which to respond.
- (b) The response shall be in writing and may include: information and argument in opposition to the proposed exclusion and/or suspension, including any additional specific information pertaining to the possible causes for exclusion; and information and argument in mitigation of the proposed period of exclusion.
- (c) The response may request a meeting with an FDIC official identified in the notice to permit the contractor to discuss issues of fact or law relating to the suspension and/or proposed exclusion or to otherwise resolve the pending matters.
  - (1) Any such meetings between a contractor and FDIC shall take such form as the FDIC deems appropriate.
  - (2) In cases of suspensions, no meeting will be held where a representative of the Department of Justice has advised in writing that the substantial interests of the Government would be prejudiced by such a meeting and the Ethics Counselor determines that a suspension is based on the same facts as pending or contemplated legal proceedings referenced by the representative of the Department of Justice.
- (d) Failure to respond to the notice shall be deemed an admission of the existence of the cause(s) for suspension and/or exclusion set forth in the notice and an acceptance of the period of exclusion proposed therein. In such circumstances, the FDIC may proceed to a final decision without further proceedings.
- (e) Where a contractor has received more than one notice, the FDIC may consolidate the pending proceedings, including the scheduling of any meetings, in accordance with this section.

## Notes

### Authority

Authority: 12 U.S.C. 1822(f) (4) and (5).

### Source

Source: 61 FR 68560, Dec. 30, 1996, unless otherwise noted.