[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: 45CFR1303.22]

[Page 118]
 
                        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 C_Appeals by Current or Prospective Delegate Agencies
 
Sec. 1303.22  Decision on appeal in favor of grantee.

    (a) If the responsible HHS official finds in favor of the grantee, 
the appeal will be dismissed unless there is cause to remand the matter 
back to the grantee.
    (b) The grantee's decision will be sustained unless it is determined 
by the responsible HHS official that the grantee acted arbitrarily, 
capriciously, or otherwise contrary to law, regulation, or other 
applicable requirements.
    (c) The decision will be made within ten workdays after the informal 
meeting. The decision, including a statement of the reasons therefor, 
will be in writing, and will be served on the parties within five 
workdays from the date of the decision by the responsible HHS official.
    (d) If the decision is made on the basis of written materials only, 
the decision will be made within five workdays of the receipt of the 
materials. The decision will be served on the parties no more than five 
days after it is made.