[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: 45CFR1336.34]



[Page 233-234]

 

                        TITLE 45--PUBLIC WELFARE

 

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

                           AND HUMAN SERVICES

 

PART 1336_NATIVE AMERICAN PROGRAMS--Table of Contents

 

                   Subpart C_Native American Projects

 

Sec. 1336.34  Notice of ineligibility.



    (a) Upon a finding by the Commissioner that an organization which 

has applied for funding is ineligible or that the activities proposed by 

an organization are ineligible, the Commissioner shall inform the 

applicant by certified letter of the decision.

    (b) The letter must include the following:

    (1) The legal and factual grounds for the Commissioner's finding 

concerning eligibility;

    (2) A copy of the regulations in this part; and

    (3) The following statement: This is the final decision of the 

Commissioner, Administration for Native Americans. It shall be the final 

decision of the Department unless, within 30 days after receiving this 

decision as provided in Sec. 810(b) of the Native Americans Programs 

Act of 1974, as amended, and 45 CFR part 1336, you deliver or mail (you 

should use registered or certified mail to establish the date) a written 

notice of appeal to the HHS Departmental Appeals Board, 200 Independence 

Avenue, S.W., Washington, D.C. 20201. You shall attach to the notice a 

copy of this decision and note that you intend an appeal. The appeal 

must clearly identify the issue(s) in dispute and contain a statement of 

the applicant's position on such issue(s) along with pertinent facts and 

reasons in support of the position. We are enclosing a copy of 45



[[Page 234]]



CFR part 1336 which governs the conduct of appeals under Sec. 810(b). 

For additional information on the appeals process see 45 CFR 1336.35. 

(Statutory authority: Sections 810(b) of the Native American Programs 

Act of 1974, as amended, 42 U.S.C. 2991h(b).)



[61 FR 42821, Aug. 19, 1996]