[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR435.80]

[Page 1130]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
  PART 435_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS 
 
                           Subpart E_Disputes
 
Sec. 435.80  Appeal process.


    (a) Levels of appeal. Grantee institutions (grantees) may appeal 
certain post-award adverse grant administration decisions made by SSA 
officials in the administration of discretionary grant programs. SSA has 
two levels of appeal:
    (1) Initial appeal to the Associate Commissioner for the Office of 
Acquisition and Grants (ACOAG) from an adverse decision rendered by the 
Grant Management Officer (GMO); and
    (2) Final appeal to the Commissioner of Social Security from an 
adverse decision rendered by the ACOAG.
    (b) Decisions that may be appealed. The following types of adverse 
post-award written decisions by the GMO may be appealed:
    (1) A disallowance or other determination denying payment of an 
amount claimed under an award. This does not apply to determinations of 
award amount or disposition of unobligated balances, or selection in the 
award document of an option for disposition of program-related income.
    (2) A termination of an award for failure of the grantee to comply 
with any law, regulation, assurance, term, or condition applicable to 
the award.
    (3) A denial of a noncompeting continuation award under the project 
period system of funding where the denial is for failure to comply with 
the terms and conditions of a previous award.
    (4) A voiding of an award on the basis that it was fraudulently 
obtained or because the award was not authorized by statute or 
regulation.
    (c) Notice of adverse decision and requirements of grantee response. 
The Grants Management Officer's (GMO) adverse post-award written 
decision should include the following statement:
    This is the final decision of the Grants Management Officer. It will 
become the final decision of the Social Security Administration unless 
you submit a request for review of this decision to the Associate 
Commissioner for the Office of Acquisition and Grants, 1710 Gwynn Oak 
Avenue, Baltimore, Maryland 21207-5279. Your request for review must be 
in writing, include a copy of this decision, and fully state why you 
disagree with it. The request for review must be received by the ACOAG 
no later than 30 calendar days after the date of this decision.