[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1303.20]

[Page 170]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1303--APPEAL PROCEDURES FOR HEAD START GRANTEES AND CURRENT OR PROSPECTIVE DELEGATE AGENCIES--Table of Contents
 
     Subpart C--Appeals by Current or Prospective Delegate Agencies
 
Sec. 1303.20  Appeals to grantees by current or prospective delegate agencies of rejection of an application, failure to act on an application or termination of 
          a grant or contract.


    (a) A grantee must give prompt, fair and adequate consideration to 
applications submitted by current or prospective delegate agencies to 
operate Head Start programs. The failure of the grantee to act within 30 
days after receiving the application is deemed to be a rejection of the 
application.
    (b) A grantee must notify an applicant in writing within 30 days 
after receiving the application of its decision to either accept or to 
wholly or substantially reject it. If the decision is to wholly or 
substantially reject the application, the notice shall contain a 
statement of the reasons for the decision and a statement that the 
applicant has a right to appeal the decision within ten work days after 
receipt of the notice. If a grantee fails to act on the application by 
the end of the 30 day period which grantees have to review applications, 
the current or prospective delegate agency may appeal to the grantee, in 
writing, within 15 work days of the end of the 30 day grantee review 
period.
    (c) A grantee must notify a delegate agency in writing of its 
decision to terminate its agreement with the delegate agency, explaining 
the reasons for its decision and that the delegate agency has the right 
to appeal the decision to the grantee within ten work days after receipt 
of the notice.
    (d) The grantee has 20 days to review the written appeal and issue 
its decision. If the grantee sustains its earlier termination of an 
award or its rejection of an application, the current or prospective 
delegate agency then may appeal, in writing, to the responsible HHS 
official. The appeal must be submitted to the responsible HHS official 
within ten work days after the receipt of the grantee's final decision. 
The appeal must fully set forth the grounds for the appeal.
    (e) A grantee may not reject the application or terminate the 
operations of a delegate agency on the basis of defects or deficiencies 
in the application or in the operation of the program without first:
    (1) Notifying the delegate agency of the defects and deficiencies;
    (2) Providing, or providing for, technical assistance so that 
defects and deficiencies can be corrected by the delegate agency; and
    (3) Giving the delegate agency the opportunity to make appropriate 
corrections.
    (f) An appeal filed pursuant to a grantee failing to act on a 
current or prospective delegate agency's application within a 30 day 
period need only contain a copy of the application, the date filed, and 
any proof of the date the grantee received the application. The grantee 
shall have five days in which to respond to the appeal.
    (g) Failure to appeal to the grantee regarding its decision to 
reject an application, terminate an agreement, or failure to act on an 
application shall bar any appeal to the responsible HHS official.