[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: 45CFR1336.52]



[Page 236]

 

                        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 E_Financial Assistance Provisions

 

Sec. 1336.52  Appeals.



    (a) Right to appeal. Recipients whose financial assistance has been 

suspended or terminated, or whose non-competing continuation 

applications for refunding have been denied, may appeal such decisions 

using the procedures described in this section. Denial of an application 

for refunding means the refusal to fund a non-competing continuation 

application for a budget period within a previously approved project 

period.

    (b) Suspension, termination, and denial of funding. Procedures for 

and definitions of suspension and termination of financial assistance 

are published in 45 CFR 74.110-74.116. Appeals from a denial of 

refunding will be treated the same procedurally as appeals to 

termination of financial assistance. The term ``denial of refunding'' 

does not include policy decisions to eliminate one or more activities of 

an approved project. A decision not to fund an application at the end of 

the recipients's project period is not a ``denial of refunding'' and is 

not subject to appeal.

    (c) Hearings. (1) A recipient shall be given an initial written 

notice at least thirty (30) days prior to the suspension or termination 

of financial assistance except in emergency situations, which occur when 

Federal property is in imminent danger of dissipation, or when life, 

health, or safety is endangered. During this period of time, the 

recipient has the opportunity to show cause to ANA why such action 

should not be taken.

    (2) A recipient who has received final written notice of termination 

or denial of refunding, or whose financial assistance will be suspended 

for more than 30 days, or who has other appealable disputes with ANA as 

provided by 45 CFR part 16 may request review by the Departmental Grant 

Appeals Board under the provisions of 45 CFR part 16.

    (3) If a recipient appeals a suspension of more than 30 days which 

subsequently results in termination of financial assistance, both 

actions may be considered simultaneously by the Departmental Grant 

Appeals Board.