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Chapter 9: Certification

Regulatory references: 28 CFR 36.601-36.608.

III-9.6000 Procedure following preliminary denial of certification.

If the preliminary determination is to deny certification, then there will be no hearing.

The Department will notify the submitting official of the preliminary determination. In the notification, the Department may specify how the code could be modified so that it could receive a preliminary determination of equivalency.

The submitting official will have at least 15 days to submit relevant material in opposition to the preliminary denial. If no more information is received, no further action will be taken.

If more information is received, the Department will consider it. The Department will then make either a final decision to deny certification or a preliminary determination of equivalency. If at that stage the Assistant Attorney General makes a preliminary determination of equivalency, the hearing procedures described in III-9.5000 will be followed.