---
kind: "section"
citation: "24 C.F.R. § 200.192"
title: "24"
number: "200.192"
heading: "Removal of 203(k) consultant."
url: "https://uscodex.org/cfr/24/200.192"
---

# §200.192. Removal of 203(k) consultant.

- (a) **Cause for removal.** HUD may remove a consultant from the list for any cause that HUD determines to be detrimental to HUD or its programs. Cause for removal includes, but is not limited to:
  - (1) Poor performance on a HUD quality control field review;
  - (2) Failure to comply with applicable regulations or other written instructions or standards issued by HUD;
  - (3) Failure to comply with applicable Civil Rights requirements;
  - (4) Being debarred or suspended, or subject to a limited denial of participation;
  - (5) Misrepresentation or fraudulent statements;
  - (6) Failure to retain standing as a state licensed architect or state-licensed engineer (unless the consultant can demonstrate the required three years experience as a home inspector or remodeling contractor);
  - (7) Failure to retain standing as a state licensed home inspector, if the consultant is located in a state that requires such licensing; or
  - (8) **Failure to respond within a reasonable time to HUD inquiries or requests for documentation.**
- (b) **Procedure for removal.** A consultant that is debarred or suspended, or subject to a limited denial of participation will be automatically removed from the list. In all other cases, the following procedure for removal will be followed:
  - (1) HUD will give the consultant written notice of the proposed removal. The notice will state the reasons for, and the duration of, the proposed removal.
  - (2) The consultant will have 20 days from the date of the notice (or longer, if provided in the notice) to submit a written response appealing the proposed removal and to request a conference. A request for a conference must be in writing and must be submitted along with the written response.
  - (3) A HUD official will review the appeal and send a response either affirming, modifying, or canceling the removal. The HUD official will not be someone who was involved in HUD's initial removal decision. HUD will respond with a decision within 30 days of receiving the appeal or, if the consultant has requested a conference, within 30 days after the completion of the conference. HUD may extend the 30-day period by providing written notice to the consultant.
  - (4) If the consultant does not submit a timely written response, the removal will be effective 20 days after the date of HUD's initial removal notice (or after a longer period provided in the notice). If a written response is submitted, and the removal decision is affirmed or modified, the removal will be effective on the date of HUD's notice affirming or modifying the initial removal decision.
- (c) **Placement on the list after removal.** A consultant that has been removed from the list may apply for placement on the list (in accordance with [§ 200.191](/cfr/24/200.191.md)) after the period of the consultant's removal from the list has expired. An application will be rejected if the period for the consultant's removal from the list has not expired.
- (d) **Other action.** Nothing in this section prohibits HUD from taking such other action against a consultant, as provided in [2 CFR part 2424](/cfr/2/part2424.md), or from seeking any other remedy against a consultant, available to HUD by statute or otherwise.

## Notes

### Amendments

[67 FR 52380, Aug. 9, 2002, as amended at 72 FR 73494, Dec. 27, 2007]

### Authority

Authority: 12 U.S.C. 1702-1715z-21; 42 U.S.C. 3535(d).

### Source

Source: 36 FR 24467, Dec. 22, 1971, unless otherwise noted.

### Amendments

[67 FR 52380, Aug. 9, 2002, as amended at 72 FR 73494, Dec. 27, 2007]