(a) Review.
- (1) A suspended and/or excluded contractor may appeal the exclusion decision to the Corporation Ethics Committee.
- (2) In order to avail itself of the right to appeal, a suspended and/or excluded contractor must file a written notice of intent to appeal within 5 days of the Ethics Counselor's decision.
- (3) The appeal shall be filed in writing within 30 days of the decision.
- (4) The Corporation Ethics Committee, at its discretion and after determining that it is in the best interests of the FDIC, may stay the effect of the suspension and/or exclusion pending conclusion of its review of the matter.
(b) Reconsideration.
- (1) A suspended and/or excluded contractor may submit a request to the Ethics Counselor to reconsider the suspension and/or exclusion decision, reduce the period of exclusion or terminate the suspension and/or exclusion.
(2) Such requests shall be in writing and supported by documentation that the requested action is justified by:
- (i) Reversal of the conviction or civil judgment upon which the suspension and/or exclusion was based;
- (ii) Newly discovered material evidence;
- (iii) Bona fide change in ownership or management;
- (iv) Elimination of other causes for which the suspension and/or exclusion was imposed; or
- (v) Other reasons the FDIC Ethics Counselor deems appropriate.
- (3) A request for reconsideration based on the reversal of the conviction or civil judgment may be filed at any time.
- (4) Requests for reconsideration based on other grounds may only be filed during the period commencing 60 days after the Ethics Counselor's decision imposing the suspension and/or exclusion. Only one such request may be filed in any twelve month period.
- (5) The Ethics Counselor's decision on a request for reconsideration is subject to the review procedure set forth in paragraph (a) of this section.