Each Federal agency's implementing regulation:
(a) Must establish drug-free workplace policies and procedures for that agency's awards that are consistent with the guidance in this part. When adopted by a Federal agency, the provisions of the guidance have regulatory effect for that agency's awards.
(b) Must address some matters for which the guidance in this part gives the agency discretion. Specifically, the regulation must--
(1) State whether the agency:
(i) Has a central point to which a recipient may send the notification of a conviction that is required under Sec. 182.225(a) or Sec. 182.300(b); or
(ii) Requires the recipient to send the notification to the awarding official for each agency award, or to his or her official designee.
(2) Either:
(i) State that the agency head is the official authorized to determine under Sec. 182.500 or Sec. 182.505 that a recipient has violated the drug-free workplace requirements; or
(ii) Provide the title of the official designated to make that determination.
(c) May also, at the agency's option, identify any specific types of financial assistance awards, in addition to grants and cooperative agreements, to which the Federal agency makes this guidance applicable.