[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1303.13]



[Page 110-111]

 

                        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 B_Appeals by Grantees

 

Sec. 1303.13  Appeal by a grantee of a suspension continuing for more 

than 30 days.



    (a) This section applies to summary suspensions that are initially 

issued for more than 30 days and summary suspensions continued for more 

than 30 days except those identified in paragraph Sec. 1303.12(g) of 

this part.

    (b) After receiving concurrence from the Commissioner, ACYF, the 

responsible HHS official may suspend a grant for more than 30 days. A 

suspension may, among other bases, be imposed for the same reasons that 

justify termination of financial assistance or which justify a denial of 

refunding of a grant.

    (c) A notice of a suspension under this section shall set forth:

    (1) The reasons for the action;

    (2) The duration of the suspension, which may be indefinite;

    (3) The fact that the action may be appealed to the Departmental 

Appeals Board and the time within which it must be appealed.

    (d) During the period of suspension a grantee may not incur any 

valid obligations against Federal Head Start grant funds, nor may any 

grantee expenditure or provision of in-kind services or items of value 

made during the period be counted as applying toward any required 

matching contribution required of a grantee, except as otherwise 

provided in this part.

    (e) The responsible HHS official may appoint an agency to serve as 

an interim grantee to operate the program until either the grantee's 

suspension is lifted or a new grantee is selected in accordance with 

subparts B and C of 45 CFR part 1302.

    (f) Any appeal to the Departmental Appeals Board must be made within 

five days of the grantee's receipt of notice of suspension or return of 

the notice as undeliverable, refused, or unclaimed. Such an appeal must 

be in writing and it must fully set forth the grounds for the appeal and 

be accompanied by all documentation that the grantee believes is 

relevant and supportive of its position.



[[Page 111]]



    All such appeals shall be addressed to the Departmental Appeals 

Board, and the appellant will send a copy of the appeal to the 

Commissioner, ACYF, and the responsible HHS official. Appeals will be 

governed by the Departmental Appeals Board's regulations at 45 CFR part 

16, except as otherwise provided in the Head Start appeals regulations. 

Any grantee requesting a hearing as part of its appeal shall be afforded 

one by the Departmental Appeals Board.

    (g) If a grantee is successful on its appeal any costs incurred 

during the period of suspension that are otherwise allowable may be paid 

with Federal grant funds. Moreover, any cash or in-kind contributions of 

the grantee during the suspension period that are otherwise allowable 

may be counted toward meeting the grantee's non-Federal share 

requirement.

    (h) If a grantee's appeal is denied by the Departmental Appeals 

Board, but the grantee is subsequently restored to the program because 

it has corrected those conditions which warranted the suspension, its 

activities during the period of the suspension remain outside the scope 

of the program.

    Federal funds may not be used to offset any costs during the period, 

nor may any cash or in-kind contributions received during the period be 

used to meet non-Federal share requirements.

    (i) If the Federal agency institutes termination proceedings during 

a suspension, or denies refunding, the two actions shall merge and the 

grantee need not file a new appeal. Rather, the Departmental Appeals 

Board will be notified by the Federal agency and will automatically be 

vested with jurisdiction over the termination action or the denial of 

refunding and will, pursuant to its rules and procedures, permit the 

grantee to respond to the notice of termination. In a situation where a 

suspension action is merged into a termination action in accordance with 

this section, the suspension continues until there is an administrative 

decision by the Departmental Appeals Board on the grantee's appeal.