C.F.R. » Title 2 » CHAPTER I—OFFICE OF MANAGEMENT AND BUDGET GOVERNMENT-WIDE GUIDANCE FOR FEDERAL FINANCIAL ASSISTANCE › PART 180—OMB GUIDELINES TO AGENCIES ON GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) › Subpart H—Debarment

2 C.F.R. § 180.855

Who has the burden of proof in a debarment action?

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(a) The Federal agency has the burden to prove that a cause for debarment exists.

(b) Once a cause for debarment is established, you as a respondent have the burden of demonstrating to the satisfaction of the debarring official that you are presently responsible and that debarment is not necessary.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Frech v. U.S. Dep't of Health & Human Servs. (D.D.C. 2025).
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Frech v. U.S. Dep't of Health & Human Servs. (D.D.C. 2025). “” 2 C.F.R. § 180.855 (b) (2024). When evaluating whether a respondent is presently responsible, the debarring official may consider both aggravating and mitigating factors.”
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