[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR16.4]

[Page 73]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 16--PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS BOARD--Table of Contents
 
Sec. 16.4  Summary of procedures below.

    The Board's basic process is review of a written record (which both 
parties are given ample opportunity to develop), consisting of relevant 
documents and statements submitted by both parties (see Sec. 16.8). In 
addition, the Board may hold an informal conference (see Sec. 16.10). 
The informal conference primarily involves questioning of the 
participants by a presiding Board member. Conferences may be conducted 
by telephone conference call. The written record review also may be 
supplemented by a hearing involving an opportunity for examining 
evidence and witnesses, cross-examination, and oral argument (see 
Sec. 16.11). A hearing is more expensive and time-consuming than a 
determination on the written record alone or with an informal 
conference. Generally, therefore, the Board will schedule a hearing only 
if the Board determines that there are complex issues or material facts 
in dispute, or that the Board's review would otherwise be significantly 
enhanced by a hearing. Where the amount in dispute is $25,000 or less, 
there are special expedited procedures (see Sec. 16.12 of this part). In 
all cases, the Board has the flexibility to modify procedures to ensure 
fairness, to avoid delay, and to accommodate the peculiar needs of a 
given case. The Board makes maximum feasible use of preliminary informal 
steps to refine issues and to encourage resolution by the parties. The 
Board also has the capability to provide mediation services (see 
Sec. 16.18).