[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1303.2]

[Page 104-105]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1303_APPEAL PROCEDURES FOR HEAD START GRANTEES AND CURRENT OR 
PROSPECTIVE DELEGATE AGENCIES--Table of Contents
 
                            Subpart A_General
 
Sec. 1303.2  Definitions.

    As used in this part:
    Act means the Head Start Act, 42 U.S.C. section 9831, et seq.
    ACYF means the Administration on Children, Youth and Families in the 
Department of Health and Human Services, and includes Regional staff.
    Agreement means either a grant or a contract between a grantee and a 
delegate agency for the conduct of all or part of the grantee's Head 
Start program.
    Day means the 24 hour period beginning at 12 a.m. local time and 
continuing for the next 24 hour period. It includes all calendar days 
unless otherwise expressly noted.
    Delegate Agency means a public or private non-profit organization or 
agency to which a grantee has delegated by written agreement the 
carrying out of all or part of its Head Start program.
    Denial of Refunding means the refusal of a funding agency to fund an 
application for a continuation of a Head Start program for a subsequent 
program year when the decision is based on a determination that the 
grantee has improperly conducted its program, or is incapable of doing 
so properly in the future, or otherwise is in violation of applicable 
law, regulations, or other policies.
    Funding Agency means the agency that provides funds directly to 
either a grantee or a delegate agency. ACYF is the funding agency for a 
grantee, and a grantee is the funding agency for a delegate agency.
    Grantee means the local public or private non-profit agency which 
has been

[[Page 105]]

designated as a Head Start agency under 42 U.S.C. 9836 and which has 
been granted financial assistance by the responsible HHS official to 
operate a Head Start program.
    Interim Grantee means an agency which has been appointed to operate 
a Head Start program for a period of time not to exceed one year while 
an appeal of a denial of refunding, termination or suspension action is 
pending.
    Prospective Delegate Agency means a public or private non-profit 
agency or organization which has applied to a grantee to serve as a 
delegate agency.
    Responsible HHS Official means the official who is authorized to 
make the grant of financial assistance to operate a Head Start program 
or his or her designee.
    Submittal means the date of actual receipt or the date the material 
was served in accordance with Sec. 1303.5 of this part for providing 
documents or notices of appeals, and similar matters, to either 
grantees, delegate agencies, prospective delegate agencies, or ACYF.
    Substantial Rejection means that a funding agency requires that the 
funding of a current delegate agency be reduced to 80 percent or less of 
the current level of operations for any reason other than a 
determination that the delegate agency does not need the funds to serve 
all the eligible persons it proposes to serve.
    Suspension of a grant means temporary withdrawal of the grantee's 
authority to obligate grant funds pending corrective action by the 
grantee.
    Termination of a grant or delegate agency agreement means permanent 
withdrawal of the grantee's or delegate agency's authority to obligate 
previously awarded grant funds before that authority would otherwise 
expire. It also means the voluntary relinquishment of that authority by 
the grantee or delegate agency. Termination does not include:
    (1) Withdrawal of funds awarded on the basis of the grantee's or 
delegate agency's underestimate of the unobligated balance in a prior 
period;
    (2) Refusal by the funding agency to extend a grant or award 
additional funds (such as refusal to make a competing or noncompeting 
continuation renewal, extension or supplemental award);
    (3) Withdrawal of the unobligated balance as of the expiration of a 
grant;
    (4) Annulment, i.e., voiding of a grant upon determination that the 
award was obtained fraudulently or was otherwise illegal or invalid from 
its inception.
    Work day means any 24 hour period beginning at 12 a.m. local time 
and continuing for 24 hours. It excludes Saturdays, Sundays, and legal 
holidays. Any time ending on one of the excluded days shall extend to 5 
p.m. of the next full work day.