[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: 42CFR50.404]



[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.  50.404  What disputes are covered by these procedures?



    (a) These procedures are applicable to the following adverse 

determinations under discretionary project grants and cooperative 

agreements (both referred to in this subpart as grants) issued by the 

agencies identified at Sec.  50.402;

    (1) Termination, in whole or in part, of a grant for failure of the 

grantee to carry out its approved project in accordance with the 

applicable law and the terms and conditions of such assistance or for 

failure of the grantee otherwise to comply with any law, regulation, 

assurance, term, or condition applicable to the grant.

    (2) A determination that an expenditure not allowable under the 

grant has been charged to the grant or that the grantee has otherwise 

failed to discharge its obligation to account for grant funds.

    (3) A determination that a grant is void.

    (4) A denial of a noncompeting continuation award under the project 

period system of funding where the denial is for failure to comply with 

the terms of a previous award.

    (b) A determination subject to this subpart may not be reviewed by 

the review committee described in Sec.  50.405 unless an officer or 

employee of the agency has notified the grantee in writing of the 

adverse determination. The notification must set forth the reasons for 

the determination in sufficient detail to enable the grantee to respond 

and must inform the grantee of the opportunity for review under this 

subpart.



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



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