[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1326.23]



[Page 225]

 

                        TITLE 45--PUBLIC WELFARE

 

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

                           AND HUMAN SERVICES

 

PART 1326_GRANTS TO INDIAN TRIBES FOR SUPPORT AND NUTRITION SERVICES--Table of Contents

 

Sec.  1326.23  Hearing procedures.



    In meeting the requirements of section 604(d)(3) of the Act, if the 

Commissioner disapproves an application from an eligible tribal 

organization, the tribal 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 tribal 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 with 30 days to the merits of the tribal organization's request.

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

the date, time and place for the hearing.

    (d) The hearing procedures include the right of the tribal 

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 designated 

official 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 designated official decides.

    (e) The Commissioner or designated official 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 Commissoner or designated 

official 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 tribal organization.

    (i) Either the tribal 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.