(3) Is authorized by the Secretary to make an initial decision. (h) Time, Date, and Place. (1) The hearing examiner conducts the hearing at a reasonable time, date, and place. (2) In setting the date, the hearing examiner considers the former employee's need for (i) Adequate time to properly prepare a defense; and (ii) An expeditious resolution of allegations that may be damaging to the former employee's reputation. (i) Hearing rights. The hearing includes, as a minimum, the right of each party to (1) Represent himself or herself or be represented by counsel; (2) Introduce and examine witnesses and submit physical evidence; (3) Confront and cross-examine adverse witnesses; (4) Present oral argument; and (5) On request, have a transcript or recording of the proceedings. (j) Burden of Proof. The Department has the burden of proof and must establish substantial evidence of a violation. (k) Decision. The hearing examin er (1) Makes a decision based exclusively on the record of the proceedings; and (2) Discloses all findings of fact and conclusions of law relevant to the decision. (1) Appeal within the Department. (1) Within 30 days of the date of the hearing examiner's decision, either party may appeal the decision to the Secretary. (2) The Secretary makes a decision on the appeal based solely on the record of the proceedings or on those portions of the record agreed to by the parties to limit the issues. (3) If the Secretary modifies or reverses the hearing examiner's decision, the Secretary specifies the findings of fact and conclusions of law that are different from those of the hearing examiner. (m) Administrative Sanctions. (1) The Secretary may take administrative sanctions if— (i) The former employee fails to answer or request a hearing after receipt of adequate notice; or (ii) The hearing examiner or the Secretary has made a final administrative determination that the former employee had violated 18 U.S.C. 207 (a), (b), or (c) or regulations of the Office of Government Ethics or the Department under these statutory provisions. (2) If the former employee does not file an answer within 30 days of receipt of the notice, the Counselor may render a decision by default against the former employee. (3) The Secretary may (i) Prohibit the former Government employee from appearing before or communicating with the Department on behalf of any other person for a period that does not exceed five years; or (ii) Take other appropriate disciplinary action. (n) Judicial Review. If the Department's administrative decision finds that the former employee participated in a violation of 18 U.S.C. 207 (a), (b), or (c) or regulations of the Office of Government Ethics or the Department issued under these statutory provisions, the former employee may seek judicial review of the administrative decision. (Authority: 18 U.S.C. 207) [54 FR 5026, Jan. 31, 1989; 54 FR 6364, Feb. 9, 1989] APPENDIX TO PART 73-CODE OF ETHICS FOR GOVERNMENT SERVICE Any person in Government service should: Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department. Uphold the Constitution, laws, and regulations of the United States and all governments therein and never be a party to their evasion. Give a full day's labor for a full day's pay; giving to the performance of his duties his earnest effort and best thought. Seek to find and employ more efficient and economical ways of getting tasks accomplished. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or his family, favors or benefits under circumstances that might be construed by reasonable persons as influencing the performance of his governmental duties. Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty. Engage in no business with the Government, either directly or indirectly, that is inconsistent with the conscientious performance of his governmental duties. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Expose corruption wherever discovered. Uphold these principles, ever conscious that public office is a public trust. (This Code of Ethics was agreed to by the House of Representatives and the Senate as House Concurrent Resolution 175 in the Second Session of the 85th Congress. The Code applies to all Government employees.) 74.172 Institutions of higher education. 74.173 Hospitals. 74.174 Other nonprofit organizations. MINING COSTS APPLICABLE TO RESEARCH APPENDIX D-PART II-PRINCIPLES FOR DE- APPENDIX E-PRINCIPLES FOR DETERMINING CON AUTHORITY: 20 U.S.C. 1221e-3(a)(1) and 3474, OMB Circular A-110, unless otherwise noted. SOURCE: 53 FR 8106, Mar. 11, 1988, unless otherwise noted. Subpart A-General § 74.1 Purpose and scope of this part. (a) This part establishes uniform requirements for the administration of ED grants and principles for determining costs applicable to activities assisted by ED grants for all grantees other than State and local governments and Indian tribal organizations. (b) Uniform requirements for State and local governments and Indian tribal organizations are in 34 CFR part 80-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (c) Recipients subject to this part are also subject to 34 CFR parts 75, 76, 77, 78, and 79, to the extent applicable. (Authority: 20 U.S.C. 3474; OMB Circular A-110) § 74.2 Scope of subpart. This subpart contains general rules pertaining to this part 74 (definitions, purpose and scope, applicability, and appeals) and procedures for control of deviations from the part. (Authority: 20 U.S.C. 3474; OMB Circular A-110) § 74.3 Definitions. As used in this part: Awarding party means (1) with respect to a grant, ED, and (2) with respect to a subgrant, the grantee. (See § 74.4(b)) Contract means (except as used in the definitions for "grant" in this section and except where qualified by "Federal") a procurement contract under a grant and "subcontract" means a procurement subcontract under such a contract. Cost-type contract means a contract or subcontract in which the contractor or subcontractor is paid on the basis of the costs it incurs, but the term does not include such subcontracts under a non-cost-type contract or subcontract. ED means the U.S. Department of Education. Expenditure report means: (1) For nonconstruction grants, the "Financial Status Report" (or other equivalent report); (2) For construction grants, the “Outlay Report and Request for Reimbursement for Construction Programs" (or other equivalent report). (See Subpart I of this part.) Grant means an award of financial assistance in the form of money, or property in lieu of money, by the Federal Government to an eligible recipient. The term does not include any Federal procurements subject to the procurement regulations in 48 CFR, nor does it include technical assistance, which provides services instead of money, or other assistance in the form of revenue sharing, loans, loan guarantees, interest subsidies, insurance, or direct appropriations. Also, the term does not include assistance, such as a fellowship or other lump sum award, which the recipient is not required to account for on an actual cost basis. Grantee means the nonprofit corporation or other legal entity to which a grant is awarded and which is accountable to the Federal Government for the use of the funds provided. The grantee is the entire legal entity even if only a particular component of the entity is designated in the award document. For example, a grant award document may name as the grantee one school or campus of a university. In this case, the granting agency usually intends, or actually requires, that the named component assume primary or sole responsibility for administering the grant-assisted project or program. Nevertheless, the naming of a component of a legal entity as the grantee in a grant award document shall not be construed as relieving the whole legal entity from accountability to the Federal Government for the use of the funds provided. (This definition is not intended to affect the eligibility provision of grant programs in which eligibility is limited to organizations, such as State educational agencies, which may be only components of a legal entity.) The term "grantee" does not include any secondary recipients such as subgrantees, contractors, etc., who may receive funds from a grantee pursuant to a grant. OMB means the Office of Management and Budget within the Executive Office of the President. Recipient means grantee or subgran tee. Terms of a grant or subgrant means all requirements of the grant or subgrant, whether in statute, regulations, the award document or elsewhere. (Authority: 20 U.S.C. 3474; OMB Circular A-110) § 74.4 Applicability of this part. (a) General. (1) Except as provided in paragraphs (a) (2) and (3) of this section or where inconsistent with Federal statutes, regulations, or other terms of a grant, this part applies to all ED grants. (2) With the exception of 34 CFR 74.62, which applies to Chapter 1, this part does not apply to the programs authorized under Chapter 1 and Subchapters A through C of Chapter 2 of the Education Consolidation and Improvement Act of 1981. (3) Unless expressly made applicable by ED, this part does not apply when the grantee is a Federal agency, foreign government or organization, international organization such as the United Nations, for profit organization, or individual. (b) Public institutions of higher education and hospitals. Grants and subgrants to institutions of higher education and hospitals operated by a government shall be subject to provisions of this subpart. (Authority: 20 U.S.C. 3474; OMB Circular A-110) $74.6 Deviations. (a) Except as provided in § 74.7, a deviation is any exception to this part not required by Federal statute without allowance of agency discretion. A deviation may be either: (1) Use of any policy, procedure, form, standard, or grant term which is inconsistent with an applicable provision of this part, or (2) Failure to use any applicable policy, procedure, form, standard, or grant term which is required by this part. (b) In order to maintain uniformity to the greatest extent feasible, devi ations shall be kept to a minimum. A deviation, whether proposed by an applicant, a recipient, or an official of ED may be authorized only when it is necessary to meet programmatic objectives, or to conserve grant funds, or when it is otherwise essential in the public interest. (c) A deviation from this part may be made only when authorized by the Secretary. (Authority: 20 U.S.C. 3474; OMB Circular A-110) 874.7 Special grant conditions. (a) Without regard to the deviation control procedures of § 74.6, special grant conditions more restrictive than those prescribed in this part 74 may be imposed as needed when ED has determined that the grantee: (1) Is financially unstable. (2) Has a history of poor performance, or (3) Has a management system which does not meet the standards of this part. (b) When special conditions are imposed under paragraph (a) of this section, the grantee will be notified in writing: (1) Why the special conditions were imposed and (2) What corrective action is needed. Furthermore, in accordance with OMB Circular A-110, OMB and other Federal agencies in a granting relationship with the grantee will be provided copies of the notice to the grant ee. Subpart B-Cash Depositories (Authority: 20 U.S.C. 3474; OMB Circular A-110) § 74.10 Physical segregation and eligibility. Except as provided in § 74.11, awarding parties shall not impose grant terms which: (a) Require the recipient to use a separate bank account for the deposit of grant funds, or (b) Establish any eligibility requirements for banks or other financial in |