45 C.F.R. § 1606.4

Grounds for debarment

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(a) The Corporation may debar a recipient, on a showing of good cause, from receiving an additional award of financial assistance from the Corporation.

(b) As used in paragraph (a) of this section, “good cause” means:

(1) A termination of financial assistance to the recipient pursuant to part 1640 of this chapter;

(2) A termination of financial assistance in whole of the most recent grant or contract of financial assistance;

(3) The substantial violation by the recipient of the restrictions delineated in § 1610.2(a) and (b) of this chapter, provided that the violation occurred within 5 years prior to the receipt of the debarment notice by the recipient;

(4) Knowing entry by the recipient into:

(i) Any agreement or arrangement, including, but not limited to, a subgrant, subcontract, or other similar agreement, with an entity debarred by the Corporation during the period of debarment if so precluded by the terms of the debarment; or

(ii) An agreement for professional services with an independent public accountant or other auditor debarred by the Corporation during the period of debarment if so precluded by the terms of the debarment; or

(5) The filing of a lawsuit by a recipient, provided that the lawsuit:

(i) Was filed on behalf of the recipient as plaintiff, rather than on behalf of a client of the recipient;

(ii) Named the Corporation, or any agency or employee of a Federal, State, or local government as a defendant;

(iii) Seeks judicial review of an action by the Corporation or such government agency that affects the recipient's status as a recipient of Federal funding, except for a lawsuit that seeks review of whether the Corporation or agency acted outside of its statutory authority or violated the recipient's constitutional rights; and

(iv) Was initiated after December 23, 1998.

Notes of Decisions

Cited in 2 cases, 1984–1984 · leading case: Nat'l Senior Citizens Law Ctr., Inc. v. Legal Servs. Corp., 581 F. Supp. 1362 (D.D.C. 1984).

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Nat'l Senior Citizens Law Ctr., Inc. v. Legal Servs. Corp., 581 F. Supp. 1362 (D.D.C. 1984). “Notwithstanding any other provision in this Order the Corporation shall have the right to deem Instruction 83-9 to have been in effect since January 1, 1984 for the sole purpose of determining the effective date of such Instruction for purposes of application of 45 C.F.R. §…”

East Arkansas Legal Servs., a Corp. v. Legal Servs. Corp., 742 F.2d 1472 (D.C. Cir. 1984). · cites it 2× “The court further found that 45 C.F.R. § 1606.4 prohibits the Corporation from terminating a recipient’s grant award on the basis of a policy that was not in effect at the time the grant was made.”

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