---
kind: "range"
citation: "2 C.F.R. §§ 180.730–180.755"
title: "2"
from: "180.730"
to: "180.755"
count: 6
url: "https://uscodex.org/cfr/2/180.730..180.755"
---

# §180.730. What information must I provide to the suspending official if I contest the suspension?

- (a) In addition to any information and argument in opposition, as a respondent, your submission to the suspending official must identify:
  - (1) **Specific facts that contradict the statements contained in the Notice of Suspension.** A general denial is insufficient to raise a genuine dispute over facts material to the suspension;
  - (2) All existing, proposed, or prior exclusions under regulations implementing Executive Order 12549 and all similar actions taken by Federal, State, or local agencies, including administrative agreements that affect only those agencies;
  - (3) All criminal and civil proceedings not included in the Notice of Suspension that grew out of facts relevant to the cause(s) stated in the notice; and
  - (4) **All of your affiliates.**
- (b) Your submission must also identify any of the paragraphs in [§ 180.730(a)](#a) that do not apply to you.
- (c) If you fail to disclose this information or provide false information, the Federal agency taking the action may seek further criminal, civil, or administrative action against you, as appropriate.

# §180.735. Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?

- (a) As a respondent, you will not have an additional opportunity to challenge the facts if the suspending official determines that:
  - (1) Your suspension is based upon an indictment, conviction, civil judgment, or other findings by a Federal, State, or local body for which an opportunity to contest the facts was provided;
  - (2) Your presentation in opposition contains only general denials to the information contained in the Notice of Suspension;
  - (3) The issues raised in your presentation in opposition to the suspension are not factual in nature, or are not material to the suspending official's initial decision to suspend, or the official's decision whether to continue the suspension; or
  - (4) On the basis of advice from the Department of Justice, an office of the United States Attorney, a State attorney general's office, or a State or local prosecutor's office, that substantial interests of the government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced by conducting fact-finding.
- (b) You will have an opportunity to challenge the facts if the suspending official determines that:
  - (1) The conditions in [paragraph (a)](#a) of this section do not exist; and
  - (2) **Your presentation in opposition raises a genuine dispute over facts material to the suspension.**
- (c) If you have an opportunity to challenge disputed material facts under this section, the suspending official or designee must conduct additional proceedings to resolve those facts.

# §180.740. Are suspension proceedings formal?

- (a) **Suspension proceedings are conducted in a fair and informal manner.** The suspending official may use flexible procedures to allow you to present matters in opposition. In so doing, the suspending official is not required to follow formal rules of evidence or procedure in creating an official record upon which the official will base a final suspension decision.
- (b) As a respondent, you or your representative must submit any documentary evidence you want the suspending official to consider.

# §180.745. How is fact-finding conducted?

- (a) If fact-finding is conducted:
  - (1) You may present witnesses and other evidence and confront any witness presented; and
  - (2) The factfinder must prepare written findings of fact for the record.
- (b) A transcribed record of fact-finding proceedings must be made, unless you, as a respondent, and the Federal agency agree to waive it in advance. If you want a copy of the transcribed record, you may purchase it.

# §180.750. What does the suspending official consider in deciding whether to continue or terminate my suspension?

- (a) **The suspending official bases the decision on all information contained in the official record.** The record includes:
  - (1) All information in support of the suspending official's initial decision to suspend you;
  - (2) Any further information and argument presented in support of, or opposition to, the suspension; and
  - (3) **Any transcribed record of fact-finding proceedings.**
- (b) The suspending official may refer disputed material facts to another official for findings of fact. The suspending official may reject any resulting findings, in whole or in part, only after specifically determining them to be arbitrary, capricious, or clearly erroneous.

# §180.755. When will I know whether the suspension is continued or terminated?


The suspending official must make a written decision whether to continue, modify, or terminate your suspension within 45 days of closing the official record. The official record closes upon the suspending official's receipt of final submissions, information, and findings of fact, if any. The suspending official may extend that period for good cause.