EPA Debarment and Suspension Contested Case Determinations
What form do EPA's Debarment and Suspension Determinations take?
EPA has, essentially, two types of actions: discretionary debarment or suspension actions initiated by notice under 40 CFR Part 32; and petitions for reinstatement from the statutory award ineligibility arising as a collateral consequence of a criminal conviction under the Clean Water Act, 33 U.S.C. §1151 et seq., or the Clean Air Act 42 U.S.C. §7401 et seq.
Applicable regulations provide that the Respondent is entitled to a written resolution. Uncontested case determinations take the form of a brief "default order". Contested case resolutions may take one of two forms: either an administrative agreement memorializing a negotiated resolution, or, in the event such a resolution is not feasible, a written determination setting forth the Debarring Official's rationale for deciding the debarment or suspension action or non-action, or the CWA/CAA petition for reinstatement determination. Debarment and suspension resolutions are case by case and have no precedential value.
EPA does not maintain a collection of "default" determinations. However, contested case determinations as final agency actions imposing, or not imposing, debarment or continuing, or terminating, a suspension, set forth the information and factors considered by the Debarring Official in reaching the decision. Accordingly, to the extent they may be of interest to debarment personnel, private counsel practicing in the field, and the public, EPA makes these decisions publicly available.
Where can I find EPA's Debarment and Suspension Contested Case Determinations?
EPA's compiled contested case decisions from 1982 to the present are accessible through commercial electronic databases maintained by LEXIS/NEXIS at http://www.lexis.com and Westlaw at http://www.westlaw.com .
Where can I find EPA's Debarment and Suspension Administrative Agreements?
Administrative agreements are negotiated and entered in lieu of a written contested case determination. Such Agreements do not ordinarily contain fact resolutions or make "findings" about responsibility. These agreements posted at http://www.fapiis.gov/