Current through Register Vol. 48, No. 38, September 20, 2024
a) If the Executive
Director receives a complaint or other information which s/he believes to be
reliable, indicating that an applicant or an institution is, or may be, in
violation of applicable laws, regulations, special arrangements, agreements,
rules or limitations, the Executive Director may call the matter to the
attention of the applicant or the institution and may provide a reasonable
opportunity to:
1) respond to the complaint
or other information;
2) show that
the matter has been corrected; or
3) submit an acceptable plan to correct the
violation and prevent its recurrence.
b) The procedures provided in this Part for
limitation, suspension or termination need not be delayed during the informal
compliance procedure if the Executive Director believes the:
1) delay would have an adverse effect on any
or all programs administered by ISAC; or
2) informal compliance procedure will not
result in a correction of the alleged violation.
c) The purpose of a pre-hearing conference is
to allow the parties to settle or narrow the dispute.
1) The pre-hearing conference may be convened
at the request of ISAC, the affected applicant or institution or the hearing
officer.
2) The scope of a
pre-hearing conference is to discuss matters relating to the proposed action,
including settlement without a hearing, or the narrowing of legal or factual
issues to be resolved at the hearing.
3) The pre-hearing conference is not subject
to any procedural requirements except as may be mutually agreed upon by ISAC,
the applicant and/or the institution.
4) The pre-hearing conference may be held in
any manner, including telephone conference call, an informal meeting or written
submission of materials from the applicant or the institution to the ISAC
official.
5) As a result of the
pre-hearing conference, the ISAC official and the applicant or the institution
may enter into a prehearing agreement whereby both the ISAC official and the
applicant or the institution stipulate in writing, signed by the parties, to
certain facts, points of law, regulations, or policies and
procedures.
6) The Executive
Director and the applicant or the institution may enter into a written consent
agreement which fully or partially settles the dispute between the parties. The
consent agreement may specify that any pending hearing shall be
canceled.
7) A violation of any of
the provisions of the consent agreement shall constitute the basis for a
termination action against an applicant or an institution.
