[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR205.31]

[Page 38-39]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
         CHAPTER II--FISCAL SERVICE, DEPARTMENT OF THE TREASURY
 
PART 205--RULES AND PROCEDURES FOR EFFICIENT FEDERAL-STATE FUNDS TRANSFERS--Table of Contents
 
Subpart A--Rules Applicable to Federal Assistance Programs Included in a 
                        Treasury-State Agreement
 
Sec. 205.31  How does a State or Federal Program Agency appeal a determination made by us and resolve disputes?

    (a) This section documents the procedures for:
    (1) A State to appeal the net interest charge that we have assessed;
    (2) A State to appeal a determination we have made regarding the 
State's claim for Interest Calculation Costs in accordance with 
Sec. 205.27;
    (3) A Federal Program Agency to appeal a charge for noncompliance 
that we have assessed in accordance with Sec. 205.30; or
    (4) A State or a Federal Program Agency to resolve other disputes 
with us or between or among each other concerning the implementation of 
this subpart A.
    (b) A State or Federal Program Agency must submit a written petition 
(Petition) to the Assistant Commissioner, Federal Finance, Financial 
Management Service, (Assistant Commissioner), within 90 days of the date 
of the notice of assessment or the event that initiated the appeal or 
dispute. The Petition must include a concise factual statement, not to 
exceed 15 pages, with supporting documentation in the appendices, of the 
conditions forming the basis of the Petition and the action requested of 
the Assistant Commissioner. In the case of a dispute, the party 
submitting the petition to us must concurrently provide a copy of the 
petition to the other concerned parties. The other concerned parties may 
submit to the Assistant Commissioner a rebuttal within 90 days of the 
date of the petition. The rebuttal must include a concise factual 
statement, not to exceed 15 pages, with supporting documentation in the 
appendices.
    (c) The Assistant Commissioner will review the Petition, any 
rebuttal, and all supporting documentation. As part of the review 
process, the Assistant Commissioner may request to meet with any or all 
parties and may request additional information.
    (d) The Assistant Commissioner will issue a written decision within 
the later of 120 days of the date of the Petition or the rebuttal, in 
case of a dispute, or 120 days from receipt of any additional 
information. The Assistant Commissioner's decision will be the final 
program agency action on our part for purposes of judicial review 
procedures under the Administrative Procedures Act, 5 U.S.C. 701-706 
(APA), unless either the State or Federal Program Agency invokes the 
provisions of the Administrative Dispute Resolution Act of 1990 (ADRA), 
5 U.S.C. 581-593.
    (e) Either a State or Federal Program Agency may seek to invoke the 
provisions of the ADRA within 45 days after the date of the Assistant 
Commissioner's written decision.

[[Page 39]]

    (1) The party invoking the ADRA must notify the Assistant 
Commissioner and any other concerned parties in writing. If all parties, 
including the Assistant Commissioner, agree in writing, a neutral party 
appointed under the provisions of the ADRA may assist in resolving the 
dispute through the use of alternate means of dispute resolution as 
defined in the ADRA.
    (2) If the party invoking the ADRA is unable to reach a satisfactory 
resolution, the Assistant Commissioner's decision will be the final 
agency action on our part for purposes of the judicial review procedures 
under the APA.
    (f) Any amount due as a result of an appeal or dispute must be paid 
within 30 days of the date of the decision of the Assistant Commissioner 
or the date of the resolution under the ADRA. If a State fails to pay, 
the State will be subject to collection techniques under 31 U.S.C. 3701 
et seq., including accrual of interest on outstanding balances and 
administrative offset.