[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR16.12]



[Page 77-78]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 16_PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS BOARD--Table of 

Contents

 

Sec.  16.12  The expedited process.



    (a) Applicability. Where the amount in dispute is $25,000 or less, 

the Board will use these expedited procedures, unless the Board Chair 

determines otherwise under paragraph (b) of this section. If the Board 

and the parties agree, the Board may use these procedures in cases of 

more than $25,000.



[[Page 78]]



    (b) Exceptions. If there are unique or unusually complex issues 

involved, or other exceptional circumstances, the Board may use 

additional procedures.

    (c) Regular expedited procedures. (1) Within 30 days after receiving 

the Board's acknowledgment of the appeal (see Sec.  16.7), each party 

shall submit to the Board and the other party any relevant background 

documents (organized as required under Sec.  16.8), with a cover letter 

(generally not to exceed ten pages) containing any arguments the party 

wishes to make.

    (2) Promptly after receiving the parties' submissions, the presiding 

Board member will arrange a telephone conference call to receive the 

parties' oral comments in response to each other's submissions. After 

notice to the parties, the Board will record the call. The Board member 

will advise the parties whether any opportunities for further briefing, 

submissions or oral presentations will be established. Cooperative 

efforts will be encouraged (see Sec.  16.8(d)).

    (3) The Board may require the parties to submit proposed findings 

and conclusions.

    (d) Special expedited procedures where there has already been 

review. Some HHS components (for example, the Public Health Service) use 

a board or other relatively independent reviewing authority to conduct a 

formal preliminary review process which results in a written decision 

based on a record including documents or statements presented after 

reasonable notice and opportunity to present such material. In such 

cases, the following rules apply to appeals of $25,000 or less instead 

of those under paragraph (c) of this section:

    (1) Generally, the Board's review will be restricted to whether the 

decision of the preliminary review authority was clearly erroneous. But 

if the Board determines that the record is inadequate, or that the 

procedures under which the record was developed in a given instance were 

unfair, the Board will not be restricted this way.

    (2) Within 30 days after receiving the Board's acknowledgment of 

appeal (see Sec.  16.7), the parties shall submit the following:

    (i) The appellant shall submit to the Board and the respondent a 

statement why the decision was clearly erroneous. Unless allowed by the 

Board after consultation with the respondent, the appellant shall not 

submit further documents.

    (ii) The respondent shall submit to the Board the record in the 

case. If the respondent has reason to believe that all materials in the 

record already are in the possession of the appellant, the respondent 

need only send the appellant a list of the materials submitted to the 

Board.

    (iii) The respondent may, if it wishes, submit a statement why the 

decision was not clearly erroneous.

    (3) The Board, in its discretion, may allow or require the parties 

to present further arguments or information.