Notice of the Penalty Waiver Determination

10.10 - Notice of the Penalty Waiver Determination (Rev. 739, Issued: 11-01-05, Effective: 07-24-03, Implementation: 01-19-06) The contractor shall furnish notice to the provider or supplier of the contractor’s penalty waiver determination. If the penalty waiver was not granted in whole or in part, the notice must specify the basis for the adverse determination. Every notice of a penalty waiver determination must include statements: a) that the provider or supplier has a right to a reconsideration of the penalty waiver determination, b) describing the means for filing a request for reconsideration, c) specifying the deadline for making such a request, and d) that the provider may also request a hearing and may present written evidence and arguments. The contractor should elect to furnish notice concerning the penalty waiver determination coincident with, or in lieu of, its determination regarding the imposition of the penalty under the penalty authority.