terminated

(F)For purposes of this section and, the term “terminated” and the term “termination” means the total denial or suspension of assistance under this paragraph or underprior to the graduation of the participating small business concern or prior to the expiration of the maximum program participation term. An action for termination shall be based upon good cause, including— (i)the failure by such concern to maintain its eligibility for Program participation; (ii)the failure of the concern to engage in business practices that will promote its competitiveness within a reasonable period of time as evidenced by, among other indicators, a pattern of unjustified delinquent performance or terminations for default with respect to contracts awarded under the authority ofsection 637(a) of this title; (iii)a demonstrated pattern of failing to make required submissions or responses to the Administration in a timely manner; (iv)the willful violation of any rule or regulation of the Administration pertaining to material issues; (v)the debarment of the concern or its disadvantaged owners by any agency pursuant to subpart(or any successor regulation); or (vi)the conviction of the disadvantaged owner or an officer of the concern for any offense indicating a lack of business integrity including any conviction for embezzlement, theft, forgery, bribery, falsification or violation ofsection 645 of this title. For purposes of this clause, no termination action shall be taken with respect to a disadvantaged owner solely because of the conviction of an officer of the concern (who is other than a disadvantaged owner) unless such owner conspired with, abetted, or otherwise knowingly acquiesced in the activity or omission that was the basis of such officer’s conviction. (G)The Director of the Division may initiate a termination proceeding by recommending such action to the Associate Administrator for Minority Small Business and Capital Ownership Development. Whenever the Associate Administrator, or a designee of such officer, determines such termination is appropriate, within 15 days after making such a determination the Program Participant shall be provided a written notice of intent to terminate, specifying the reasons for such action. No Program Participant shall be terminated from the Program pursuant to subparagraph (F) without first being afforded an opportunity for a hearing in accordance withsection 637(a)(9) of this title.

Source

15 USC § 636(j)(10)(F)


Scoping language

For purposes of this section
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