1、242 24 CFR Subtitle A (4111 Edition) 21.635 Debarment and Suspension (Non-procurement), that implements Execu-tive Order 12549 and Executive Order 12689. 21.635 Drug-free workplace. Drug-free workplace means a site for the performance of work done in con-nection with a specific award at which employ
2、ees of the recipient are prohib-ited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled sub-stance. 21.640 Employee. (a) Employee means the employee of a recipient directly engaged in the per-formance of work under the award, in-cluding (1) All di
3、rect charge employees; (2) All indirect charge employees, un-less their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and (3) Temporary personnel and consult-ants who are directly engaged in the performance of work under the award
4、and who are on the recipients payroll. (b) This definition does not include workers not on the payroll of the re-cipient (e.g., volunteers, even if used to meet a matching requirement; consult-ants or independent contractors not on the payroll; or employees of subrecipi-ents or subcontractors in cov
5、ered workplaces). 21.645 Federal agency or agency. Federal agency or agency means any United States executive department, military department, government cor-poration, government controlled cor-poration, any other establishment in the executive branch (including the Ex-ecutive Office of the Presiden
6、t), or any independent regulatory agency. 21.650 Grant. Grant means an award of financial as-sistance that, consistent with 31 U.S.C. 6304, is used to enter into a relation-ship (a) The principal purpose of which is to transfer a thing of value to the re-cipient to carry out a public purpose of supp
7、ort or stimulation authorized by a law of the United States, rather than to acquire property or services for the Federal Governments direct benefit or use; and (b) In which substantial involvement is not expected between the Federal agency and the recipient when carrying out the activity contemplate
8、d by the award. 21.655 Individual. Individual means a natural person. 21.660 Recipient. Recipient means any individual, cor-poration, partnership, association, unit of government (except a Federal agen-cy) or legal entity, however organized, that receives an award directly from a Federal agency. 21.
9、665 State. State means any of the States of the United States, the District of Colum-bia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. 21.670 Suspension. Suspension means an action taken by a Federal agency that immediately prohibits a recipient from partici-
10、pating in Federal Government procure-ment contracts and covered non-procurement transactions for a tem-porary period, pending completion of an investigation and any judicial or ad-ministrative proceedings that may ensue. A recipient so prohibited is sus-pended, in accordance with the Federal Acquisi
11、tion Regulation for procure-ment contracts (48 CFR part 9, subpart 9.4) and the common rule, Government- wide Debarment and Suspension (Non-procurement), that implements Execu-tive Order 12549 and Executive Order 12689. Suspension of a recipient is a dis-tinct and separate action from suspen-sion of
12、 an award or suspension of pay-ments under an award. PART 24GOVERNMENTWIDE DE-BARMENT AND SUSPENSION (NONPROCUREMENT) AUTHORITY: 42 U.S.C. 3535(d). VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by
13、 IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-243 Office of the Secretary, HUD 25.3 24.1 Debarment and Suspension (Nonprocurement). The policies, procedures, and require-ments for debarment, suspension, and limited denial of participation are set forth in 2 C
14、FR part 2424. 72 FR 73491, Dec. 27, 2007 PART 25MORTGAGEE REVIEW BOARD Sec. 25.1 Scope of rules in this part. 25.2 Establishment and authority of Board. 25.3 Definitions. 25.4 Operation of the Mortgagee Review Board. 25.5 Administrative actions. 25.6 Violations creating grounds for admin-istrative a
15、ction. 25.7 Notice of violation. 25.8 Factors considered in taking adminis-trative action. 25.9 Notice of administrative action. 25.10 Hearings and hearing request. 25.11 Modification of Board orders. 25.12 Public access to information; publica-tion of actions. 25.13 Notifying GNMA of withdrawal ac-
16、tions. 25.15 Retroactive application of Board regu-lations. 25.17 Reserved AUTHORITY: 12 U.S.C. 1708(c), 1708(d), 1709(s), 1715b and 1735(f)14; 42 U.S.C. 3535(d). SOURCE: 57 FR 31051, July 13, 1992, unless otherwise noted. 25.1 Scope of rules in this part. The rules in this part are applicable to th
17、e operation of the Mortgagee Re-view Board and to proceedings arising from administrative actions of the Mortgagee Review Board. 25.2 Establishment and authority of Board. (a) Establishment of the Board. The Mortgagee Review Board (Board) was established in the Federal Housing Ad-ministration, which
18、 is in the Office of the Assistant Secretary for Housing Federal Housing Commissioner, by sec-tion 202(c)(1) of the National Housing Act (12 U.S.C. 1708(c)(1), as added by section 142 of the Department of Hous-ing and Urban Development Reform Act of 1989 (Pub. L. 101235, approved December 15, 1989).
19、 (b) Authority of the Board. The Board has the authority to initiate adminis-trative actions against mortgagees and lenders under 12 U.S.C. 1708(c) and shall exercise all of the functions of the Sec-retary with respect to administrative actions against mortgagees and lenders and such other functions
20、 as are pro-vided in this part. The Board shall have all powers necessary and incident to the performance of these functions and such other functions as are provided in this part, except as limited by this part. (1) Administrative Actions. The Board has the authority to take any adminis-trative acti
21、on against mortgagees and lenders as provided in 12 U.S.C. 1708(c). The Board may delegate its authority to take all nondiscretionary acts. (2) Civil Money Penalties. The Board is authorized pursuant to section 536 of the National Housing Act (12 U.S.C. 1735(f)14) to impose civil money pen-alties up
22、on mortgagees and lenders, as set forth in 24 CFR part 30. The viola-tions for which a civil money penalty may be imposed are listed in subpart B (Violations) of 24 CFR part 30. Hearings to challenge the imposition of civil money penalties shall be conducted ac-cording to the applicable rules of 24
23、CFR part 30. (3) Authorization for other administra-tive actions. The Board may, in its dis-cretion, approve the initiation of a sus-pension or debarment action against a mortgagee or lender by any Suspending or Debarring Official under 24 CFR part 24. 73 FR 60540, Oct. 10, 2008 25.3 Definitions. Ad
24、equate evidence. Information suffi-cient to support the reasonable belief that a particular act or omission has occurred. Board. The Mortgagee Review Board. Lender. A financial institution as de-fined in paragraphs (a) and (b) of the definition of lender in 202.2 of this title. Loan correspondent. A
25、 financial insti-tution as defined in paragraph (c) of the definition of lender in 202.2 of this title. Mortgagee. For purposes of the regu-lations in this part, the term mort-gagee includes: VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
