[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: 45CFR1303.23]



[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. 1303.23  Decision on appeal in favor of the current or prospective 

delegate agency.



    (a) The responsible HHS official will remand the rejection of an 

application or termination of an agreement to the grantee for prompt 

reconsideration and decision if the responsible HHS official's decision 

does not sustain the grantee's decision, and if there are issues which 

require further development before a final decision can be made. The 

grantee's reconsideration and decision must be made in accordance with 

all applicable requirements of this part as well as other relevant 

regulations, statutory provisions, and program issuances. The grantee 

must issue its decision on remand in writing to both the current or 

prospective delegate agency and the responsible HHS official within 15 

workdays after the date of receipt of the remand.

    (b) If the current or prospective delegate agency is dissatisfied 

with the grantee's decision on remand, it may appeal to the responsible 

HHS official within five workdays of its receipt of that decision. Any 

such appeal must comply with the requirements of Sec. 1303.21 of this 

part.

    (c) If the responsible HHS official finds that the grantee's 

decision on remand is incorrect or if the grantee fails to issue its 

decision within 15 work days, the responsible HHS official will 

entertain an application by the current or prospective delegate agency 

for a direct grant.

    (1) If such an application is approved, there will be a commensurate 

reduction in the level of funding of the grantee and whatever other 

action is deemed appropriate in the circumstances. Such reduction in 

funding shall not be considered a termination or denial of refunding and 

may not be appealed under this part.

    (2) If such an application is not approved, the responsible HHS 

official will take whatever action he or she deems appropriate under the 

circumstances.

    (d) If, without fault on the part of a delegate agency, its 

operating funds are exhausted before its appeal has been decided, the 

grantee will furnish sufficient funds for the maintenance of the 

delegate agency's current level of operations until a final 

administrative decision has been reached.

    (e) If the responsible HHS official sustains the decision of the 

grantee following remand, he or she shall notify the parties of the fact 

within 15 work days of the receipt of final submittal of documents, or 

of the conclusion of any meeting between the official and the parties, 

whichever is later.



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