[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: 20CFR646.910]

[Page 414]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 646--PROVISIONS GOVERNING THE INDIAN AND NATIVE AMERICAN WELFARE-TO-WORK GRANT PROGRAM--Table of Contents
 
          Subpart I--Miscellaneous Provisions and Requirements
 
Sec. 646.910  What are a tribe's appeal rights under the INA WtW program?

    The administrative procedures in proceedings initiated by grantees 
funded under section 401 of the Job Training Partnership Act, as 
codified at 20 CFR part 636, shall apply to appeals of agency action by 
INA WtW grantees. These appeal procedures include the following 
provisions:
    (a) Within twenty-one (21) days of the receipt of a denial of a 
request for a statutory waiver under Sec. 646.800 of this part, or 
within twenty-one (21) days of receipt of a final determination imposing 
a sanction or corrective action issued pursuant to 20 CFR 636.8, an INA 
WtW grantee whose request for a statutory waiver has been denied, or who 
seeks review of a Grant Officer's Final Determination, may request a 
hearing before the Department's Office of Administrative Law Judges 
pursuant to 20 CFR 636.10.
    (b) The decision of an Administrative Law Judge (ALJ) shall be final 
unless, within twenty (20) days of the decision, a party dissatisfied 
with that ALJ decision has filed a petition for review with the 
Administrative Review Board (ARB), established pursuant to the 
provisions of Secretary's Order No. 2-96, published at 61 FR 19977 (May 
3, 1996). This petition shall specifically identify the procedure, fact, 
law, and/or policy to which exception is taken. Those provisions of the 
determination not specified for review, or the entire determination when 
no hearing has been requested, shall be considered resolved and not 
subject to further review. A copy of the petition for review must be 
sent to the opposing party at that time. Thereafter, the decision of the 
ALJ shall constitute final agency action unless the ARB, within thirty 
(30) days of the filing of the petition for review, notifies the parties 
that the case has been accepted for review. Any case accepted by the ARB 
shall be decided within 120 days of such acceptance. If no decision is 
reached in that time, then the decision of the ALJ shall constitute 
final Departmental action.

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