[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: 45CFR1303.22]



[Page 118]

 

                        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. 1303.22  Decision on appeal in favor of grantee.



    (a) If the responsible HHS official finds in favor of the grantee, 

the appeal will be dismissed unless there is cause to remand the matter 

back to the grantee.

    (b) The grantee's decision will be sustained unless it is determined 

by the responsible HHS official that the grantee acted arbitrarily, 

capriciously, or otherwise contrary to law, regulation, or other 

applicable requirements.

    (c) The decision will be made within ten workdays after the informal 

meeting. The decision, including a statement of the reasons therefor, 

will be in writing, and will be served on the parties within five 

workdays from the date of the decision by the responsible HHS official.

    (d) If the decision is made on the basis of written materials only, 

the decision will be made within five workdays of the receipt of the 

materials. The decision will be served on the parties no more than five 

days after it is made.