[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: 45CFR1303.20]



[Page 116]

 

                        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. 1303.20  Appeals to grantees by current or prospective delegate 

agencies of rejection of an application, failure to act on an application 

or termination of a grant or contract.





    (a) A grantee must give prompt, fair and adequate consideration to 

applications submitted by current or prospective delegate agencies to 

operate Head Start programs. The failure of the grantee to act within 30 

days after receiving the application is deemed to be a rejection of the 

application.

    (b) A grantee must notify an applicant in writing within 30 days 

after receiving the application of its decision to either accept or to 

wholly or substantially reject it. If the decision is to wholly or 

substantially reject the application, the notice shall contain a 

statement of the reasons for the decision and a statement that the 

applicant has a right to appeal the decision within ten work days after 

receipt of the notice. If a grantee fails to act on the application by 

the end of the 30 day period which grantees have to review applications, 

the current or prospective delegate agency may appeal to the grantee, in 

writing, within 15 work days of the end of the 30 day grantee review 

period.

    (c) A grantee must notify a delegate agency in writing of its 

decision to terminate its agreement with the delegate agency, explaining 

the reasons for its decision and that the delegate agency has the right 

to appeal the decision to the grantee within ten work days after receipt 

of the notice.

    (d) The grantee has 20 days to review the written appeal and issue 

its decision. If the grantee sustains its earlier termination of an 

award or its rejection of an application, the current or prospective 

delegate agency then may appeal, in writing, to the responsible HHS 

official. The appeal must be submitted to the responsible HHS official 

within ten work days after the receipt of the grantee's final decision. 

The appeal must fully set forth the grounds for the appeal.

    (e) A grantee may not reject the application or terminate the 

operations of a delegate agency on the basis of defects or deficiencies 

in the application or in the operation of the program without first:

    (1) Notifying the delegate agency of the defects and deficiencies;

    (2) Providing, or providing for, technical assistance so that 

defects and deficiencies can be corrected by the delegate agency; and

    (3) Giving the delegate agency the opportunity to make appropriate 

corrections.

    (f) An appeal filed pursuant to a grantee failing to act on a 

current or prospective delegate agency's application within a 30 day 

period need only contain a copy of the application, the date filed, and 

any proof of the date the grantee received the application. The grantee 

shall have five days in which to respond to the appeal.

    (g) Failure to appeal to the grantee regarding its decision to 

reject an application, terminate an agreement, or failure to act on an 

application shall bar any appeal to the responsible HHS official.