[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: 45CFR1303.8]

[Page 106-107]
 
                        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. 1303.8  Waiver of requirements.

    (a) Any procedural requirements required by these regulations may be 
waived by the responsible HHS official or such waiver requests may be 
granted by the Departmental Appeals Board in those cases where the Board 
has jurisdiction. Requests for waivers must be in writing and based on 
good cause.
    (b) Approvals of waivers must be in writing and signed by the 
responsible HHS official or by the Departmental Appeals Board when it 
has jurisdiction.
    (c) ``Good cause'' consists of the following:
    (1) Litigation dates cannot be changed;
    (2) Personal emergencies pertaining to the health of a person 
involved in and essential to the proceeding or to a member of that 
person's immediate family, spouse, parents, or siblings;
    (3) The complexity of the case is such that preparation of the 
necessary documents cannot reasonably be expected to be completed within 
the standard time frames;
    (4) Other matters beyond the control of the party requesting the 
waiver, such as strikes and natural disasters.
    (d) Under no circumstances may ``good cause'' consist of a failure 
to

[[Page 107]]

meet a deadline due to the oversight of either a party or its 
representative.
    (e) Waivers of timely filing or service shall be granted only when 
necessary in the interest of fairness to all parties, including the 
Federal agency. They will be granted sparingly as prompt resolution of 
disputes is a major goal of these regulations. The responsible HHS 
official or the Departmental Appeals Board shall have the right, on own 
motion or on motion of a party, to require such documentation as deemed 
necessary in support of a request for a waiver.
    (f) A request for an informal meeting by a delegate agency, 
including a prospective delegate agency, may be denied by the 
responsible HHS official, on motion of the grantee or on his or her own 
motion, if the official concludes that the written appeal fails to state 
plausible grounds for reversing the grantee's decision or the grantee's 
failure to act on an application.
    (g) The requirements of this section may not be waived.