[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: 45CFR16.3]



[Page 74]

 

                        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.  16.3  When these procedures become available.



    Before the Board will take an appeal, three circumstances must be 

present:

    (a) The dispute must arise under a program which uses the Board for 

dispute resolution, and must meet any special conditions established for 

that program. An explanation is contained in Appendix A.

    (b) The appellant must have received a final written decision, and 

must appeal that decision within 30 days after receiving it. Details of 

how final decisions are developed and issued, and what must be in them, 

are contained in 45 CFR 74.304.

    (c) The appellant must have exhausted any preliminary appeal process 

required by regulation. For example, see 42 CFR part 50 (subpart D) for 

Public Health Service programs. In such cases, the final written 

decision required for the Board's review is the decision resulting from 

the preliminary review or appeal process. Appendix A contains further 

details.



[46 FR 43817, Aug. 31, 1981, as amended at 62 FR 38218, July 17, 1997]