Report of the Commission on Government ... - Bayhdolecentral

10
pended for mere suspicion <strong>of</strong> an action, that if
proved could result in debarment. Debarment
may be imposed for a maximum <strong>of</strong> three years;
suspension is authorized for a maximum period
<strong>of</strong> 18 months, unless <strong>the</strong> Department <strong>of</strong> Justice
has begun prosecutive action for <strong>the</strong> alleged
violation.'
Findings and Conclusions
The statutes and regulations on debarment
and suspension vary in <strong>the</strong> treatment <strong>of</strong> pro-
3 However, & recent court <strong>of</strong> appeals ojnmon states that a
contractor normally must be <strong>of</strong>fered an opportunity for a hearing
within one month after ita suspension.
/
Part G
cedures for challenging a proposed debarment
or suspension action. In some cases, <strong>the</strong> contractor
is afforded <strong>the</strong> type <strong>of</strong> due process protections
normally associated with an adversary
proceeding, including <strong>the</strong> right to an open
hearing, confrontation and cross-examination
<strong>of</strong> witnesses, and <strong>the</strong> right to appeal an adverse
decision. In o<strong>the</strong>r cases, some <strong>of</strong> <strong>the</strong>se protections
are not available.
Although debarment and suspension actions
are judicially reviewable, <strong>the</strong> courts have not
indicated in detail <strong>the</strong> rules <strong>of</strong> practice and
procedure necessary to assure a fair hearing to
a contractor in contesting a debarment or suspension
action. The lack <strong>of</strong> uniformity <strong>of</strong> <strong>the</strong>
regulations and <strong>the</strong> need to provide a fair hearing
indicate that a review should be made <strong>of</strong>
debarment and suspension procedures.