[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: 45CFR1336.35]



[Page 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.  1336.35  Appeal of ineligibility.



    The following steps apply when seeking an appeal on a finding of 

ineligibility for funding:

    (a) An applicant, which has had its application rejected either 

because it has been found ineligible or because the activities it 

proposes are ineligible for funding by the Commissioner of ANA, may 

appeal the Commissioner's ruling to the HHS Departmental Appeals Board, 

in writing, within 30 days following receipt of ineligibility 

notification.

    (b) 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.

    (c) Upon receipt of appeal for reconsideration of a rejected 

application or activities proposed by an applicant, the Departmental 

Appeals Board will notify the applicant by certified mail that the 

appeal has been received.

    (d) The applicant's request for reconsideration will be reviewed by 

the Departmental Appeals Board in accordance with 45 CFR part 16, except 

as otherwise provided in this part.

    (e) The Commissioner shall have 45 days to respond to the 

applicant's submission under paragraph (a) of this section.

    (f) The applicant shall have 20 days to respond to the 

Commissioner's submission and the parties may be requested to submit 

additional information within a specified time period before closing the 

record in the appeal.

    (g) The Departmental Appeals Board will review the record in the 

appeal and provide a final written decision within 30 days following the 

closing of the record, unless the Board determines for good reason that 

a decision cannot be issued within this time period and so notifies the 

parties.

    (h) If the Departmental Appeals Board determines that the applicant 

is eligible or that the activities proposed by the applicant are 

eligible for funding, such eligibility shall not be effective until the 

next cycle of grant proposals are considered by the Administration for 

Native Americans. (Statutory authority: Sections 810(b) of the Native 

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



[61 FR 42822, Aug. 19, 1996]