[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR633.205]

[Page 311]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 633--MIGRANT AND SEASONAL FARMWORKER PROGRAMS--Table of Contents
 
          Subpart B--Grant Planning and Application Procedures
 
Sec. 633.205  Notification of selection.

    (a) Respondents to the SGA which are selected as potential grantees 
shall be so notified by the Department. The notification shall invite 
each potential grantee to negotiate the final terms and conditions of 
the grant, shall establish a reasonable time and place for the 
negotiation, and shall indicate the State or area to be covered by the 
grant. Funds may be awarded for two program years.
    (b) In the event that no grant applications are received for a 
specific State or area or that those received are deemed to be 
unacceptable, or where a grant agreement is not successfully negotiated, 
the Department may give the Governor first right to submit an acceptable 
application pursuant to Sec. 633.201. Should the Governor not accept the 
offer within fifteen days, the Department may then (1) designate another 
organization or organizations, (2) reopen the area for competitive 
bidding, or (3) use the funds for national-account activities.
    (c) An applicant whose grant application is not selected by the 
Department to receive section 402 funds shall be notified in writing.
    (d) Applicants who submit grant applications which have been 
rejected may not resubmit a new grant application for the State(s) or 
area(s) in which they are interested in providing services until the 
area(s) is announced by the Department as reopened for competition.
    (e) Any applicant whose grant application is denied in whole or in 
part by the Department may request an administrative review as provided 
in part 636, with respect to whether there is a basis in the record to 
support the Department's decision. This appeal will not in any way 
interfere with the Department's designation and funding of another 
organization to service the area in question during the appeal period. 
The available remedy under such an appeal will be the right to be 
designated in the future rather than a retroactive or immediately 
effective selection status. Therefore, in the event the ALJ rules that 
the organization should have been selected and the organization 
continues to meet the requirements of this part, the Department will 
select and fund the organization within 90 days of the ALJ's decision 
unless the end of the 90-day period is within 6 months of the end of the 
funding period. Any organization selected and/or funded prior to the 
ALJ's decision will be affected in a manner prescribed by the 
Department. All parties will agree to the provisions of this paragraph 
as a condition for funding.