- (a) In actions not based upon a conviction or civil judgment, if the Ethics Counselor finds that the contractor's submission raises a genuine dispute over facts material to the proposed suspension and/or exclusion, the contractor shall be afforded an opportunity to appear (with counsel, if desired), submit documentary evidence, present witnesses, and confront any witnesses the FDIC presents.
- (b) The Ethics Counselor may refer disputed material facts to another official for analysis and recommendation.
- (c) If requested, a transcribed record of any additional proceedings shall be made available at cost to the contractor.