[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR39.4]

[Page 720]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 39--STATE CEMETERY GRANTS--Table of Contents
 
Sec. 39.4  Disallowance of a grant application and notice of a right to hearing.

    (a) No application for the establishment, expansion or improvement 
of State veterans' cemeteries shall be disapproved until the applicant 
has been afforded an opportunity for a hearing.
    (b) Whenever a hearing is requested under this section, notice of 
hearing, procedure for the conduct of such hearing, and procedures 
relating to decisions and notices shall be in accord with the provisions 
Secs. 18.9 and 18.10, Title 39, Code of Federal Regulations. Failure of 
an applicant to request a hearing under this section or to appear at a 
hearing for which a date has been set shall be deemed to be a waiver of 
the right to be heard and constitutes consent to the making of a 
decision on the basis of such information as is available.


(Authority: 38 U.S.C. 2408(c)(2))