[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: 45CFR1303.2]



[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.