[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR632.12]

[Page 284]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 632--INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS--Table of Contents
 
     Subpart B--Designation Procedures for Native American Grantees
 
Sec. 632.12  Alternative arrangements for the provision of services, nondesignation.

    (a) If no application for Native American grantee designation for an 
area is filed, or if the Department has denied such application for that 
area, the Department may designate and fund an entity to serve that 
area, pending the final resolution of any Petitions for Reconsideration 
or other actions taken pursuant to Sec. 632.13. An organization not 
designated in whole or in part may also appeal to an ALJ under the 
provisions of part 636. This further appeal will not in any way 
interfere with the Department's designation and funding of another 
organization to serve the area in question. The available remedy under 
such an appeal will be the right to be designated in the future rather 
than a retroactive or immediately effective designation status. 
Therefore, in the event the ALJ rules that the organization should have 
been designated and the organization continues to meet the requirements 
at Secs. 632.10 and 632.11, the Department will designate the successful 
appellant organization and fund within 90 days of the ALJ decision 
unless the end of the 90 day period is within six months of the end of 
the two year designation period. Any organization designated or funded 
for the area in question would be affected by this remedial action and 
undesignated. All parties must agree to this arrangement prior to 
funding. The alternate organization which loses its designation as a 
result of the application of this remedy may not appeal the 
undesignation.
    (b) If the grant officer finally disapproves a CAP pursuant to 
Sec. 632.21 he/she may withdraw the Native American grantee's 
designation and immediately designate another entity to serve the area, 
pending the final resolution of any Petitions for Reconsideration or 
other actions taken pursuant to part 636.
    (c) If a Native American grantee's CAP is terminated or suspended in 
whole or in part, the Department (after an opportunity for a hearing 
except in emergency situations as described in section 164(f) of the 
Act) may designate another entity to serve the area.
    (d) If it is not feasible for the Department to designate another 
entity to serve the area under the conditions described in paragraphs 
(a), (b), and (c) of this section, the funds involved may be distributed 
at the Secretary's discretion to Native American grantees serving other 
areas.