1、237 Office of the Secretary, HUD Pt. 21 AUTHORITY: 42 U.S.C. 3535(d). SOURCE: 72 FR 53878, Sept. 20, 2007, unless otherwise noted. 20.1 Establishment of the Office of Hearings and Appeals. There is established in the Office of the Secretary the Office of Hearings and Appeals. 20.3 Location, organiza
2、tion, and offi-cer qualifications. (a) Mailing address. The Office of Hearings and Appeals is located at the U.S. Department of Housing and Urban Development, 451 7th Street, SW., Room B133, Washington, DC 20410. (b) Location. For deliveries, the Office of Hearings and Appeals is physically located
3、at 409 Third Street, SW., Suite 201, Washington, DC 20024. The tele-phone number of the Office of Hearings and Appeals is 2022540000. Hearing- or speech-impaired individuals may ac-cess this number via TTY by calling the toll-free Federal Information Relay Service at 8008778339. The facsimile number
4、 is 2026197304. (c) Organization. The Office of Hear-ings and Appeals consists of two divi-sions: the Office of Administrative Law Judges and the Office of Appeals. Its administrative activities are super-vised by the Director of the Office of Hearings and Appeals. (d) Officer qualifications. The Di
5、rec-tor, Administrative Judges, and Ad-ministrative Law Judges of the Office of Hearings and Appeals shall be attor-neys at law duly licensed by any state, commonwealth, territory, or the Dis-trict of Columbia. 72 FR 53878, Sept. 20, 2007, as amended at 74 FR 4635, Jan. 26, 2009 20.5 Jurisdiction of
6、 Office of Appeals. The Office of Appeals shall, con-sistent with statute and regulation, have jurisdiction over matters assigned to it by the Secretary or designee. De-terminations shall have the finality provided by the applicable statute, reg-ulation, or agreement. PART 21GOVERNMENTWIDE RE-QUIREM
7、ENTS FOR DRUG-FREE WORKPLACE (GRANTS) Subpart APurpose and Coverage Sec. 21.100 What does this part do? 21.105 Does this part apply to me? 21.110 Are any of my federal assistance awards exempt from this part? 21.115 Does this part affect the federal con-tracts that I receive? Subpart BRequirements f
8、or Recipients Other Than Individuals 21.200 What must I do to comply with this part? 21.205 What must I include in my drug-free workplace statement? 21.210 To whom must I distribute my drug- free workplace statement? 21.215 What must I include in my drug-free awareness program? 21.220 By when must I
9、 publish my drug-free workplace statement and establish my drug-free awareness program? 21.225 What actions must I take concerning employees who are convicted of drug vio-lations in the workplace? 21.230 How and when must I identify work-places? Subpart CRequirements for Recipients Who Are Individua
10、ls 21.300 What must I do to comply with this part if I am an individual recipient? 21.301 Reserved Subpart DResponsibilities of HUD Awarding Officials 21.400 What are my responsibilities as a HUD awarding official? Subpart EViolations of This Part and Consequences 21.500 How are violations of this p
11、art deter-mined for recipients other than individ-uals? 21.505 How are violations of this part deter-mined for recipients who are individuals? 21.510 What actions will the federal govern-ment take against a recipient deter-mined to have violated this part? 21.515 Are there any exceptions to those ac
12、-tions? Subpart FDefinitions 21.605 Award. 21.610 Controlled substance. 21.615 Conviction. 21.620 Cooperative agreement. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reprod
13、uction or networking permitted without license from IHS-,-,-238 24 CFR Subtitle A (4111 Edition) 21.100 21.625 Criminal drug statute. 21.630 Debarment. 21.635 Drug-free workplace. 21.640 Employee. 21.645 Federal agency or agency. 21.650 Grant. 21.655 Individual. 21.660 Recipient. 21.665 State. 21.67
14、0 Suspension. AUTHORITY: 41 U.S.C. 701; 42 U.S.C. 3535(d). SOURCE: 68 FR 66557, 66594, Nov. 26, 2003, un-less otherwise noted. Subpart APurpose and Coverage 21.100 What does this part do? This part carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) tha
15、t applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assist-ance awards, as a matter of Federal Government policy. 21.105 Does this part apply to me? (a) Portions of this part apply to you if you are either (1) A recipient of an assistance awar
16、d from the Department of Housing and Urban Development; or (2) A(n) HUD awarding official. (See definitions of award and recipient in 21.605 and 21.660, respectively.) (b) The following table shows the subparts that apply to you: If you are . . . see subparts . . . (1) A recipient who is not an indi
17、vidual A, B and E. (2) A recipient who is an individual . A, C and E. (3) A(n) HUD awarding official A, D and E. 21.110 Are any of my Federal assist-ance awards exempt from this part? This part does not apply to any award that the Secretary or designee determines that the application of this part wo
18、uld be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government. 21.115 Does this part affect the Fed-eral contracts that I receive? It will affect future contract awards indirectly if you are debarred or sus-pended for a violation of th
19、e require-ments of this part, as described in 21.510(c). However, this part does not apply directly to procurement con-tracts. The portion of the Drug-Free Workplace Act of 1988 that applies to Federal procurement contracts is car-ried out through the Federal Acquisi-tion Regulation in chapter 1 of
20、Title 48 of the Code of Federal Regulations (the drug-free workplace coverage currently is in 48 CFR part 23, subpart 23.5). Subpart BRequirements for Recipients Other Than Individuals 21.200 What must I do to comply with this part? There are two general requirements if you are a recipient other tha
21、n an in-dividual. (a) First, you must make a good faith effort, on a continuing basis, to main-tain a drug-free workplace. You must agree to do so as a condition for receiv-ing any award covered by this part. The specific measures that you must take in this regard are described in more detail in sub
22、sequent sections of this subpart. Briefly, those measures are to (1) Publish a drug-free workplace statement and establish a drug-free awareness program for your employees (see 21.205 through 21.220); and (2) Take actions concerning employ-ees who are convicted of violating drug statutes in the work
23、place (see 21.225). (b) Second, you must identify all known workplaces under your Federal awards (see 21.230). 21.205 What must I include in my drug-free workplace statement? You must publish a statement that (a) Tells your employees that the un-lawful manufacture, distribution, dis-pensing, possess
24、ion, or use of a con-trolled substance is prohibited in your workplace; (b) Specifies the actions that you will take against employees for violating that prohibition; and (c) Lets each employee know that, as a condition of employment under any award, he or she: (1) Will abide by the terms of the sta
25、tement; and (2) Must notify you in writing if he or she is convicted for a violation of a VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted
26、without license from IHS-,-,-239 Office of the Secretary, HUD 21.230 criminal drug statute occurring in the workplace and must do so no more than five calendar days after the con-viction. 21.210 To whom must I distribute my drug-free workplace statement? You must require that a copy of the statement
27、 described in 21.205 be given to each employee who will be engaged in the performance of any Federal award. 21.215 What must I include in my drug-free awareness program? You must establish an ongoing drug- free awareness program to inform em-ployees about (a) The dangers of drug abuse in the workpla
28、ce; (b) Your policy of maintaining a drug-free workplace; (c) Any available drug counseling, re-habilitation, and employee assistance programs; and (d) The penalties that you may im-pose upon them for drug abuse viola-tions occurring in the workplace. 21.220 By when must I publish my drug-free workp
29、lace statement and establish my drug-free awareness program? If you are a new recipient that does not already have a policy statement as described in 21.205 and an ongoing awareness program as described in 21.215, you must publish the state-ment and establish the program by the time given in the fol
30、lowing table: If . . . then you . . . (a) The performance period of the award is less than 30 days.must have the policy state-ment and program in place as soon as possible, but before the date on which performance is expected to be completed. (b) The performance period of the award is 30 days or mor
31、e.must have the policy state-ment and program in place within 30 days after award. (c) You believe there are ex-traordinary circumstances that will require more than 30 days for you to publish the policy statement and establish the awareness program.may ask the HUD awarding official to give you more
32、 time to do so. The amount of additional time, if any, to be given is at the discre-tion of the awarding official. 21.225 What actions must I take con-cerning employees who are con-victed of drug violations in the workplace? There are two actions you must take if an employee is convicted of a drug v
33、iolation in the workplace: (a) First, you must notify Federal agencies if an employee who is engaged in the performance of an award informs you about a conviction, as required by 21.205(c)(2), or you otherwise learn of the conviction. Your notification to the Federal agencies must (1) Be in writing;
34、 (2) Include the employees position title; (3) Include the identification num-ber(s) of each affected award; (4) Be sent within ten calendar days after you learn of the conviction; and (5) Be sent to every Federal agency on whose award the convicted em-ployee was working. It must be sent to every aw
35、arding official or his or her of-ficial designee, unless the Federal agency has specified a central point for the receipt of the notices. (b) Second, within 30 calendar days of learning about an employees convic-tion, you must either (1) Take appropriate personnel action against the employee, up to
36、and includ-ing termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or (2) Require the employee to partici-pate satisfactorily in a drug abuse as-sistance or rehabilitation program ap-proved for these purposes by a Federal, State or local healt
37、h, law enforcement, or other appropriate agency. 21.230 How and when must I identify workplaces? (a) You must identify all known workplaces under each HUD award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplaces (1) To the HUD official that i
38、s mak-ing the award, either at the time of ap-plication or upon award; or (2) In documents that you keep on file in your offices during the perform-ance of the award, in which case you must make the information available VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00249 Fmt 8010 Sfmt
39、8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-240 24 CFR Subtitle A (4111 Edition) 21.300 for inspection upon request by HUD of-ficials or their designated representa-tives. (b) Your wor
40、kplace identification for an award must include the actual ad-dress of buildings (or parts of build-ings) or other sites where work under the award takes place. Categorical de-scriptions may be used (e.g., all vehi-cles of a mass transit authority or State highway department while in op-eration, Sta
41、te employees in each local unemployment office, performers in concert halls or radio studios). (c) If you identified workplaces to the HUD awarding official at the time of application or award, as described in paragraph (a)(1) of this section, and any workplace that you identified changes during the
42、 performance of the award, you must inform the HUD awarding official. Subpart CRequirements for Recipients Who Are Individuals 21.300 What must I do to comply with this part if I am an individual re-cipient? As a condition of receiving a(n) HUD award, if you are an individual recipi-ent, you must ag
43、ree that (a) You will not engage in the unlaw-ful manufacture, distribution, dis-pensing, possession, or use of a con-trolled substance in conducting any ac-tivity related to the award; and (b) If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of
44、 any award activity, you will report the con-viction: (1) In writing. (2) Within 10 calendar days of the conviction. (3) To the HUD awarding official or other designee for each award that you currently have, unless 21.301 or the award document designates a central point for the receipt of the notice
45、s. When notice is made to a central point, it must include the identification num-ber(s) of each affected award. 21.301 Reserved Subpart DResponsibilities of HUD Awarding Officials 21.400 What are my responsibilities as a(n) HUD awarding official? As a(n) HUD awarding official, you must obtain each
46、recipients agree-ment, as a condition of the award, to comply with the requirements in (a) Subpart B of this part, if the re-cipient is not an individual; or (b) Subpart C of this part, if the re-cipient is an individual. Subpart EViolations of this Part and Consequences 21.500 How are violations of
47、 this part determined for recipients other than individuals? A recipient other than an individual is in violation of the requirements of this part if the Secretary or designee determines, in writing, that (a) The recipient has violated the re-quirements of subpart B of this part; or (b) The number o
48、f convictions of the recipients employees for violating criminal drug statutes in the work-place is large enough to indicate that the recipient has failed to make a good faith effort to provide a drug-free workplace. 21.505 How are violations of this part determined for recipients who are individual
49、s? An individual recipient is in viola-tion of the requirements of this part if the Secretary or designee determines, in writing, that (a) The recipient has violated the re-quirements of subpart C of this part; or (b) The recipient is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. 21.510 What actions will the Federal Government take a
