[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: 45CFR1303.16]



[Page 114-115]

 

                        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. 1303.16  Conduct of hearing.



    (a) The presiding officer shall conduct a full and fair hearing, 

avoid delay, maintain order, and make a sufficient record of the facts 

and issues. To accomplish these ends, the presiding officer shall have 

all powers authorized by law, and may make all procedural and 

evidentiary rulings necessary for the conduct of the hearing. The 

hearing shall be open to the public unless the presiding officer for 

good cause shown otherwise determines.



[[Page 115]]



    (b) Communications outside the record are prohibited as provided by 

45 CFR 16.17.

    (c) Both ACYF and the grantee are entitled to present their case by 

oral or documentary evidence, to submit rebuttal evidence and to conduct 

such examination and cross-examination as may be required for a full and 

true disclosure of all facts bearing on the issues. The issues shall be 

those stated in the notice required to be filed by paragraph (g) of this 

section, those stipulated in a prehearing conference or those agreed to 

by the parties.

    (d) Prepared written direct testimony will be used in appeals under 

this part in lieu of oral direct testimony. When the parties submit 

prepared written direct testimony, witnesses must be available at the 

hearing for cross-examination and redirect examination. If a party can 

show substantial hardship in using prepared written direct testimony, 

the Departmental Appeals Board may exempt it from the requirement. 

However, such hardship must be more than difficulty in doing so, and it 

must be shown with respect to each witness.

    (e) In addition to ACYF, the grantee, and any delegate agencies 

which have a right to appear, the presiding officer may permit the 

participation in the proceedings of such persons or organizations as 

deemed necessary for a proper determination of the issues involved. Such 

participation may be limited to those issues or activities which the 

presiding officer believes will meet the needs of the proceeding, and 

may be limited to the filing of written material.

    (f) Any person or organization that wishes to participate in a 

proceeding may apply for permission to do so from the Departmental 

Appeals Board. This application must be made within 30 days of the 

grantee's appeal in the case of the appeal of termination or denial of 

refunding, and as soon as possible after the notice of suspension has 

been received by the grantee. It must state the applicant's interest in 

the proceeding, the evidence or arguments the applicant intends to 

contribute, and the necessity for the introduction of such evidence or 

arguments.

    (g) The presiding officer shall permit or deny such participation 

and shall give notice of his or her decision to the applicant, the 

grantee, and ACYF, and, in the case of denial, a brief statement of the 

reasons therefor. Even if previously denied, the presiding officer may 

subsequently permit such participation if, in his or her opinion, it is 

warranted by subsequent circumstances. If participation is granted, the 

presiding officer shall notify all parties of that fact and may, in 

appropriate cases, include in the notification a brief statement of the 

issues as to which participation is permitted.

    (h) The Departmental Appeals Board will send the responsible HHS 

official, the grantee and any other party a notice which states the 

time, place, nature of the hearing, and the legal authority and 

jurisdiction under which the hearing is to be held. The notice will also 

identify with reasonable specificity and ACYF requirements which the 

grantee is alleged to have violated. The notice will be served and filed 

not later than ten work days prior to the hearing.



[57 FR 59264, Dec. 14, 1992, as amended at 65 FR 4769, Feb. 1, 2000]