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b. Suspension (09/14/2015)
Violations of statutes or serious or repeated violations of FHA requirements may lead to the suspension of an individual or other FHA program participant.
i. Definition
Suspension is a government-wide action that temporarily renders an individual ineligible to participate in most federal government programs pending the completion of an investigation or legal proceedings.
ii. Cause
FHA may suspend an individual for the reasons listed in 2 CFR § 180.700, including:
• the existence of an indictment for, or other adequate evidence to suspect, an offense listed under 2 CFR § 180.800(a); or
• the existence of adequate evidence to suspect any other cause for debarment listed under 2 CFR § 180.800(b)–(d); and
• a determination made by the suspending official that immediate action is necessary to protect the public interest.
iii. Effective Date
A suspension is effective when the suspending official signs the decision to suspend.
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V. QUALITY CONTROL, OVERSIGHT, AND COMPLIANCE E. Enforcement
5. Actions and Sanctions Against Individuals and Other Program Participants
iv. Duration
If legal or debarment proceedings are initiated at the time of, or during a suspension, the suspension may continue until the conclusion of those proceedings. If proceedings are not initiated, a suspension may not exceed 12 months. The suspending official may extend the 12-month limit for an additional six months under limited circumstances described in 2 CFR § 180.760. In no event may a suspension exceed 18 months without initiating legal or debarment proceedings.
v. Processing and Appeals
An individual may appeal a proposed suspension by providing the suspending official with information in opposition to the suspension within 30 Days of receipt of the notice of suspension. Information may be provided orally or in writing; important information provided orally must also be submitted in writing for the official record.
Suspension processing and appeal procedures are set forth in 2 CFR §§ 180.700–180.760.