Goto Section: 54.7 | 54.101 | Table of Contents
FCC 54.8
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 54.8 Prohibition on participation: suspension and debarment.
(a) Definitions—(1) Activities associated with or related to the
schools and libraries support mechanism, the high-cost support
mechanism, the rural health care support mechanism, and the low-income
support mechanism. Such matters include the receipt of funds or
discounted services through one or more of these support mechanisms, or
consulting with, assisting, or advising applicants or service providers
regarding one or more of these support mechanisms.
(2) Civil liability. The disposition of a civil action by any court of
competent jurisdiction, whether entered by verdict, decision,
settlement with admission of liability, stipulation, or otherwise
creating a civil liability for the wrongful acts complained of, or a
final determination of liability under the Program Fraud Civil Remedies
Act of 1988 (31 U.S.C. 3801-12).
(3) Consultant. A person that for consideration advises or consults a
person regarding the schools and libraries support mechanism, but who
is not employed by the person receiving the advice or consultation.
(4) Conviction. A judgment or conviction of a criminal offense by any
court of competent jurisdiction, whether entered by verdict or a plea,
including a plea of nolo contendere.
(5) Debarment. Any action taken by the Commission in accordance with
these regulations to exclude a person from activities associated with
or relating to the schools and libraries support mechanism, the
high-cost support mechanism, the rural health care support mechanism,
and the low-income support mechanism. A person so excluded is
“debarred.”
(6) Person. Any individual, group of individuals, corporation,
partnership, association, unit of government or legal entity, however
organized.
(7) Suspension. An action taken by the Commission in accordance with
these regulations that immediately excludes a person from activities
associated with or relating to the schools and libraries support
mechanism, the high-cost support mechanism, the rural health care
support mechanism, and the low-income support mechanism for a temporary
period, pending completion of the debarment proceedings. A person so
excluded is “suspended.”
(b) Suspension and debarment in general. The Commission shall suspend
and debar a person for any of the causes in paragraph (c) of this
section using procedures established in this section, absent
extraordinary circumstances.
(c) Causes for suspension and debarment. Causes for suspension and
debarment are conviction of or civil judgment for attempt or commission
of criminal fraud, theft, embezzlement, forgery, bribery, falsification
or destruction of records, making false statements, receiving stolen
property, making false claims, obstruction of justice and other fraud
or criminal offense arising out of activities associated with or
related to the schools and libraries support mechanism, the high-cost
support mechanism, the rural health care support mechanism, and the
low-income support mechanism.
(d) Effect of suspension and debarment. Unless otherwise ordered, any
persons suspended or debarred shall be excluded from activities
associated with or related to the schools and libraries support
mechanism, the high-cost support mechanism, the rural health care
support mechanism, and the low-income support mechanism. Suspension and
debarment of a person other than an individual constitutes suspension
and debarment of all divisions and/or other organizational elements
from participation in the program for the suspension and debarment
period, unless the notice of suspension and proposed debarment is
limited by its terms to one or more specifically identified
individuals, divisions, or other organizational elements or to specific
types of transactions.
(e) Procedures for suspension and debarment. The suspension and
debarment process shall proceed as follows:
(1) Upon evidence that there exists cause for suspension and debarment,
the Commission shall provide prompt notice of suspension and proposed
debarment to the person. Suspension shall be effective upon the earlier
of receipt of notification or publication in the Federal Register .
(2) The notice shall:
(i) Give the reasons for the proposed debarment in terms sufficient to
put a person on notice of the conduct or transaction(s) upon which it
is based and the cause relied upon, namely, the entry of a criminal
conviction or civil judgment arising out of activities associated with
or related to the schools and libraries support mechanism, the
high-cost support mechanism, the rural health care support mechanism,
and the low-income support mechanism;
(ii) Explain the applicable debarment procedures;
(iii) Describe the effect of debarment.
(3) A person subject to proposed debarment, or who has an existing
contract with a person subject to proposed debarment or intends to
contract with such a person to provide or receive services in matters
arising out of activities associated with or related to the schools and
libraries support mechanism, the high-cost support mechanism, the rural
health care support mechanism, and the low-income support mechanism may
contest debarment or the scope of the proposed debarment. A person
contesting debarment or the scope of proposed debarment must file
arguments and any relevant documentation within thirty (30) calendar
days of receipt of notice or publication in the Federal Register,
whichever is earlier.
(4) A person subject to proposed debarment, or who has an existing
contract with a person subject to proposed debarment or intends to
contract with such a person to provide or receive services in matters
arising out of activities associated with or related to the schools and
libraries support mechanism, the high-cost support mechanism, the rural
health care support mechanism, and the low-income support mechanism may
also contest suspension or the scope of suspension, but such action
will not ordinarily be granted. A person contesting suspension or the
scope of suspension must file arguments and any relevant documentation
within thirty (30) calendar days of receipt of notice or publication in
the Federal Register, whichever is earlier.
(5) Within ninety (90) days of receipt of any information submitted by
the respondent, the Commission, in the absence of extraordinary
circumstances, shall provide the respondent prompt notice of the
decision to debar. Debarment shall be effective upon the earlier of
receipt of notice or publication in the Federal Register .
(f) Reversal or limitation of suspension or debarment. The Commission
may reverse a suspension or debarment, or limit the scope or period of
suspension or debarment, upon a finding of extraordinary circumstances,
after due consideration following the filing of a petition by an
interested party or upon motion by the Commission. Reversal of the
conviction or civil judgment upon which the suspension and debarment
was based is an example of extraordinary circumstances.
(g) Time period for debarment. A debarred person shall be prohibited
from involvement with the schools and libraries support mechanism for
three (3) years from the date of debarment. The Commission may, if
necessary to protect the public interest, set a longer period of
debarment or extend the existing period of debarment. If multiple
convictions or judgments have been rendered, the Commission shall
determine based on the facts before it whether debarments shall run
concurrently or consecutively.
[ 68 FR 36943 , June 20, 2003. Redesignated and amended at 72 FR 54218 ,
Sept. 24, 2007]
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Subpart B—Services Designated for Support
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Goto Section: 54.7 | 54.101
Goto Year: 2011 |
2013
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