[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR50.403]



[Page 145]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 50_POLICIES OF GENERAL APPLICABILITY--Table of Contents

 

         Subpart D_Public Health Service Grant Appeals Procedure

 

Sec.  50.403  What is the policy basis for these procedures?



    The Secretary of Health and Human Services has established a 

Departmental Appeals Board for the purpose of providing a fair and 

flexible process for the appeal of written final decisions involving 

certain grant and cooperative agreement programs administered by 

constituent agencies of the Department. The regulatory provision which 

establishes the circumstances under which the Board will accept an 

appeal (45 CFR 16.3) provides, among other things, that the appellant 

must have exhausted any preliminary appeal process required by 

regulation before a formal appeal to the Departmental Board will be 

allowed. This subpart provides such an informal preliminary procedure 

for resolution of disputes in order to preclude submission of cases to 

the Departmental Appeals Board before an agency identified in Sec.  

50.402 has had an opportunity to review decisions of its officials and 

to settle disputes with grantees.



[54 FR 34770, Aug. 22, 1989, as amended at 63 FR 66062, Dec. 1, 1998]