[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: 45CFR1303.8]



[Page 106-107]

 

                        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. 1303.8  Waiver of requirements.



    (a) Any procedural requirements required by these regulations may be 

waived by the responsible HHS official or such waiver requests may be 

granted by the Departmental Appeals Board in those cases where the Board 

has jurisdiction. Requests for waivers must be in writing and based on 

good cause.

    (b) Approvals of waivers must be in writing and signed by the 

responsible HHS official or by the Departmental Appeals Board when it 

has jurisdiction.

    (c) ``Good cause'' consists of the following:

    (1) Litigation dates cannot be changed;

    (2) Personal emergencies pertaining to the health of a person 

involved in and essential to the proceeding or to a member of that 

person's immediate family, spouse, parents, or siblings;

    (3) The complexity of the case is such that preparation of the 

necessary documents cannot reasonably be expected to be completed within 

the standard time frames;

    (4) Other matters beyond the control of the party requesting the 

waiver, such as strikes and natural disasters.

    (d) Under no circumstances may ``good cause'' consist of a failure 

to meet a deadline due to the oversight of either a party or its 

representative.



[[Page 107]]



    (e) Waivers of timely filing or service shall be granted only when 

necessary in the interest of fairness to all parties, including the 

Federal agency. They will be granted sparingly as prompt resolution of 

disputes is a major goal of these regulations. The responsible HHS 

official or the Departmental Appeals Board shall have the right, on own 

motion or on motion of a party, to require such documentation as deemed 

necessary in support of a request for a waiver.

    (f) A request for an informal meeting by a delegate agency, 

including a prospective delegate agency, may be denied by the 

responsible HHS official, on motion of the grantee or on his or her own 

motion, if the official concludes that the written appeal fails to state 

plausible grounds for reversing the grantee's decision or the grantee's 

failure to act on an application.

    (g) The requirements of this section may not be waived.