[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: 45CFR1328.23]



[Page 228-229]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1328_GRANTS FOR SUPPORTIVE AND NUTRITIONAL SERVICES TO OLDER 

HAWAIIAN NATIVES--Table of Contents

 

Sec. 1328.23  Hearing procedures.



    In accordance with section 623(c)(3) of the Act, if the Commissioner 

disapproves an application from an eligible organization, the 

organization may file a written request for a hearing with the 

Commissioner.

    (a) The request shall be postmarked or delivered in person within 30 

days of the date of the disapproval notice. If it requests a hearing, 

the organization shall submit to the Commissioner, as part of the 

request, a full written response to each objection specified in the 

notice of disapproval, including the pertinent facts and reasons in 

support of its response, and any and all documentation to support its 

position. Service of the request shall also be made on the individual(s) 

designated by the Commissioner to represent him or her.

    (b) The Administration on Aging shall have the opportunity to 

respond within 30 days to the merits of the organization's request.



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    (c) The Commissioner notifies the organization in writing of the 

date, time and place for the hearing.

    (d) The hearing procedures include the right of the organization to:

    (1) A hearing before the Commissioner or an official designated by 

the Commissioner;

    (2) Be heard in person or to be represented by counsel, at no 

expense to the Administration on Aging;

    (3) Present written evidence prior to and at the hearing, and 

present oral evidence at the hearing if the Commissioner or the 

Commissioner's designee decides that oral evidence is necessary for the 

proper resolution of the issues involved, and

    (4) Have the staff directly responsible for reviewing the 

application either present at the hearing, or have a deposition from the 

staff, whichever the Commissioner or the Commissioner's designee 

decides.

    (e) The Commissioner or the Commissioner's designee conducts a fair 

and impartial hearing, takes all necessary action to avoid delay and to 

maintain order and has all powers necessary to these ends.

    (f) Formal rules of evidence do not apply to the hearings.

    (g) The official hearing transcript together with all papers 

documents, exhibits, and requests filed in the proceedings, including 

rulings, constitutes the record for decision.

    (h) After consideration of the record, the Commissioner or the 

Commissioner's designee issues a written decision, based on the record, 

which sets forth the reasons for the decision and the evidence on which 

it was based. The decision is issued within 60 days of the date of the 

hearing, constitutes the final administrative action on the matter and 

is promptly mailed to the organization.

    (i) Either the organization or the staff of the Administration on 

Aging may request, for good cause, an extension of any of the time 

limits specified in this section.



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