ere the hearing is conducted by Eg examiner who makes an inision, if no exceptions thereto within the 20-day period speci481.103, such decision shall bee final decision of the Departnd shall constitute "final agenon" within the meaning of 5 M4 (formerly section 10(c) of the strative Procedure Act), subject rovisions of § 81.106.

were the hearing is conducted by ng examiner who makes a reced decision, or upon the filing tions to a hearing examiner's ecision, the reviewing author

review the recommended or decision and shall issue its own thereon, which shall become al decision of the Department, ll constitute "final agency acithin the meaning of 5 U.S.C. merly section 10(c) of the Adative Procedure Act), subject to risions of §81.106.

ll final decisions shall be y served on all parties, and f any.

Oral argument to the reviewauthority.

any party desires to argue a ally on exceptions or replies to ons to an initial or recded decision, he shall make quest in writing. The reviewing ity may grant or deny such rein its discretion. If granted, it rve notice of oral argument on rties. The notice will set forth der of presentation, the amount le allotted, and the time and for argument. The names of perwho will argue should be filed the Department hearing clerk not than 7 days before the date set for rgument.

will permit the parties' interests to b presented more effectively in the tim allotted.

(c) Pamphlets, charts, and othe written material may be presented a oral argument only if such material i limited to facts already in the recor and is served on all parties and file with the Department hearing clerk a least 7 days before the argument.

$81.106 Review by the Secretary.

Within 20 days after an initial dec sion becomes a final decision pursuan to §81.104(a) or within 20 days of th mailing of a final decision referred t in §81.104(b), as the case may be, party may request the Secretary to re view the final decision. The Secretar may grant or deny such request, i whole or in part, or serve notice of hi intent to review the decision in whol or in part upon his own motion. If th Secretary grants the requested review or if he serves notice of intent to re view upon his own motion, each part to the decision shall have 20 days fol lowing notice of the Secretary's pro posed action within which to file ex ceptions to the decision and supportin briefs and memoranda, or briefs an memoranda in support of the decision Failure of a party to request revie under this paragraph shall not b deemed a failure to exhaust adminis trative remedies for the purpose of ob taining judicial review.

§ 81.107 Service on amici curiae.

All briefs, exceptions, memoranda requests, and decisions referred to i this Subpart J shall be served upo amici curiae at the same times and i the same manner required for servic on parties. Any written statements o position and trial briefs required o parties under §81.71 shall be served o

Subpart K-Judicial Standards of Practice

881.111 Conduct.

Parties and their representatives are expected to conduct themselves with honor and dignity and observe judicial standards of practice and ethics in all proceedings. They should not indulge in offensive personalities, unseemly wrangling, or intemperate accusations or characterizations. A representative of any party whether or not a lawyer shall observe the traditional responsibilities of lawyers as officers of the court and use his best efforts to restrain his client from improprieties in connection with a proceeding.

§ 81.112 Improper conduct.

With respect to any proceeding it is improper for any interested person to attempt to sway the judgment of the reviewing authority by undertaking to bring pressure or influence to bear upon any officer having a responsibility for a decision in the proceeding, or his decisional staff. It is improper that such interested persons or any members of the Department's staff or the presiding officer give statements to communications media, by paid advertisement or otherwise, designed to influence the judgment of any officer having a responsibility for a decision in the proceeding, or his decisional staff. It is improper for any person to solicit communications to any such officer, or his decisional staff, other than proper communications by parties or amici

curiae.

§ 81.113 Ex Parte communications.

Only persons employed by or assigned to work with the reviewing authority who perform no investigative or prosecuting function in connection with a proceeding shall communicate ex parte with the reviewing authority, or the presiding officer, or any employee or person involved in the decisional process in such proceedings with respect to the merits of that or a factually related proceeding. The reviewing authority, the presiding officer, or any employee or person involved in the decisional process of a proceeding shall communicate ex parte with respect to the merits of that or a

factually related proceeding only with persons employed by or assigned to work with them and who perform no investigative or prosecuting function in connection with the proceeding.

§ 81.114 Expeditious treatment.

Requests for expeditious treatment of matters pending before the respon sible Department official or the presid ing officer are deemed communications on the merits, and are improper except when forwarded from parties to a pro ceeding and served upon all other par ties thereto. Such communications should be in the form of a motion.

§ 81.115 Matters not prohibited.

A request for information which merely inquires about the status of proceeding without discussing issues or expressing points of view is not deemed an ex parte communication. Such re quests should be directed to the Civil Rights hearing clerk. Communications with respect to minor procedural mat ters or inquiries or emergency requests for extensions of time are not deemed ex parte communications prohibited by § 81.113. Where feasible, however, such communications should be by letter with copies to all parties. Ex parte communications between a respondent and the responsible Department offi cial or the Secretary with respect to securing such respondent's voluntary compliance with any requirement of part 80 of this title are not prohibited

§ 81.116 Filing of ex parte communica tions.

A prohibited communication in writ ing received by the Secretary, the reviewing authority, or by the presiding officer, shall be made public by placing it in the correspondence file of the docket in the case and will not be considered as part of the record for decision. If the prohibited communication is received orally a memorandum setting forth its substance shall be made and filed in the correspondence section of the docket in the case. A person referred to in such memorandum may file a comment for inclusion in the docket if he considers the memorandum to be incorrect.

Subpart L-Posttermination
Proceedings

31.121 Posttermination proceedings. (a) An applicant or recipient adersely affected by the order terminatg, discontinuing, or refusing Federal nancial assistance in consequence of roceedings pursuant to this title may quest the responsible Department ofial for an order authorizing payent, or permitting resumption, of ederal financial assistance. Such retest shall be in writing and shall afmatively show that since entry of He order, it has brought its program or tivity into compliance with the reairements of the Act, and with the egulation thereunder, and shall set orth specifically, and in detail, the eps which it has taken to achieve ich compliance. If the responsible Deartment official denies such request he applicant or recipient shall be iven an expeditious hearing if it so reuests in writing and specifies why it elieves the responsible Department ofcial to have been in error. The reuest for such a hearing shall be adressed to the responsible Department ificial and shall be made within 30 lays after the applicant or recipient is nformed that the responsible Departnent official has refused to authorize ayment or permit resumption of Federal financial assistance.

(b) In the event that a hearing shall be requested pursuant to paragraph (a) of this section, the hearing procedures established by this part shall be applicable to the proceedings, except as otherwise provided in this section.

Subpart M-Definitions

$81.131 Definitions.

The definitions contained in §80.13 of this subtitle apply to this part, unless the context otherwise requires, and the term reviewing authority as used herein includes the Secretary of Health and Human Services, with respect to action by that official under § 81.106.

Transition provisions: (a) The amendments herein shall become effective upon publication in the FEDERAL REGISTER.

Federal support under title VII or VIII of that Act to any entity of the types described in those sections unless that entity submits to the Secretary of Health and Human Services an assurance satisfactory to the Secretary that it will not discriminate on the basis of sex in the admission of individuals to its training programs, and (2) to implement the policy of the Secretary that no Federal support will be extended under those titles to any other entity unless that entity submits to the Secretary an assurance satisfactory to the Secretary that it will not discriminate on the basis of sex in the admission of individuals to its training programs.

(b) The objective of this part is to abolish use of sex as a criterion in the admission of individuals to all training programs operated by an entity which receives support under title VII or VIII of the Act, and thereby to foster maximum use of all available human resources in meeting the Nation's needs for qualified health personnel.

§ 83.2 Definitions.

As used in this part the term―

(a) Act means the Public Health Service Act.

(b) Administrative law judge means a person appointed by the Reviewing Authority to preside over a hearing held under this part.

(c) Assurance commitment clause means a clause in an invitation for a contract offer extended by the Federal Government under title VII or VIII of the Act which, when executed by an entity as part of such offer, becomes, upon acceptance of such offer by the Federal Government, a contractual obligation of such entity to comply with its assurance submitted to the Director under this part.

(d) Department means the Department of Health and Human Services.

(e) Director means the Director of the Office for Civil Rights of the Department.

(f) Entity means (1) a school of medicine, school of dentistry, school of osteopathy, school of pharmacy, school of optometry, school of podiatry, school of veterinary medicine, or school of public health, as defined by section 724 of the Act;

(2) A school of nursing, as defined by section 843 of the Act;

(3) A school or college of a training center for an allied health profession, as defined by section 795 of the Act, or of another institution of undergraduate education which school or college can provide a training program;

(4) An affiliated hospital, as defined by section 724 or 795 of the Act; and

(5) Any other institution, organi tion, consortium, or agency which eligible to receive Federal support.

(g) Federal support means assistance extended after November 18, 1971, under title VII or VIII of the Act to an entity by means of a grant to, a contract with, or a loan guarantee or interest subsidy payment made on behalf of such entity.

(h) Federally supported entity mean an entity which receives Federal sup port.

(i) Reviewing authority means that component of the Department to which the Secretary delegates authority to review the decision of an administra tive law judge in a proceeding arising under this part.

(j) Secretary means the Secretary of Health and Human Services.

(k) Training program means a pro gram of training described by section 724(4) of the Act, a program of edu cation described by, or specified by reg ulations pursuant to, section 795(1) of the Act, a program of education described by section 843(c), 843(d), or 843(e) of the Act, and a program leading to any license or certification requisite to the practice of a health profession for which a degree specified in any such section is granted.

§83.3 Remedial and affirmative ac tions.

(a) Remedial action. If the Director finds that an entity has discriminated against persons on the basis of sex in any of its training programs, such entity shall take such remedial action as the Director deems necessary to overcome the effects of such discrimination.

(b) Affirmative action. In the absence of a finding of discrimination on the basis of sex in a training program, an entity may take affirmative action to overcome the effects of conditions

which resulted in limited participation therein by persons of a particular sex.

$83.4 Coverage.

(a) If an entity receives Federal support for any of its training programs, all of its training programs thereby become subject to this part.

(b) The obligation imposed by this part on a federally supported entity lot to discriminate on the basis of sex In the admission of individuals to a raining program includes not only the bligation not to discriminate on such asis in the selection of individuals for uch program, but also the obligation lot to discriminate on such basis gainst individuals after their selection for such program.

(c) The obligation imposed by this part on a federally supported entity not to discriminate on the basis of sex gainst an individual who is an appliant for, or is enrolled in, a training program is applicable to the same extent to the actions of such entity with respect to an applicant for, or a student enrolled in, an undergraduate program of education of such entity if inSedividuals enrolled in such program must complete all or a part of such programs to be eligible for admission ed to an undergraduate training program of such entity.

(d) An entity shall not discriminate tic on the basis of sex in violation of this d part for as long as such entity receives or benefits from Federal support. For purposes of the preceding sentence, an entity shall be deemed to continue to receive or benefit from Federal support for as long as it retains ownership, possession, or use of either real or personal property and which was acquired in whole or in part with Federal support. If an entity receives value for he property which was acquired in whole or in part with Federal support and such value is applied toward the acquisition of other property, such entity shall be deemed to continue to receive or benefit from such support for as long as such entity retains ownership, use, or possession of such other property.

e

(e) An entity shall not transfer property which was acquired, constructed, altered, repaired, expanded, or renovated in whole or in part with Federal support unless the agency, organiza

tion, or individual to whom such property is to be transferred has submitted to the Director, and he or she has found satisfactory, an assurance of compliance with this part. The preceding sentence shall not apply with respect to any real or personal property for which payments have been recaptured by the United States under title VII or VIII of the Act, with respect to any other property for which the transferring entity has refunded to the Federal Government the Federal share of the fair market value of such property, or with respect to any personal property which has only scrap value to both the entity and the agency, organization or individual to which the property is to be transferred.

§ 83.5 Effect of title IX of the Education Amendments of 1972.

The obligations imposed by this part are independent of obligations imposed by or pursuant to title IX of the Education Amendments of 1972.

§§ 83.6 83.9 [Reserved]

Subpart B-Discrimination in
Admissions Prohibited

§83.10 General obligations.

(a) Eligibility for support. No entity will be provided Federal support unless such entity has furnished the Director assurances satisfactory to him or her that it will not discriminate on the basis of sex, in violation of this part, in the admission of individuals to each of its training programs.

(b) Eliminating the effects of discrimination. An assurance of compliance with this part will not be satisfactory to the Director if the entity submitting such assurance fails to take whatever remedial action in accordance with §83.3(a) that is necessary for such entity to eliminate the effects of any discrimination on the basis of sex in the admission of individuals to its training programs that such entity practiced prior to the submission to the Director of such assurance, or practices at the time of or subsequent to such submission. The Director may require such entity, as a condition to determining that its assurance is, or remains, satisfactory, to take specific actions, or to