[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: 45CFR16.8]



[Page 75-76]

 

                        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.  16.8  The next step in the appeal process: Preparation of an appeal 

file and written argument.



    Except in expedited cases (generally those of $25,000 or less; see 

Sec.  16.12 for details), the appellant and the respondent each 

participate in developing an appeal file for the Board to review. Each 

also submits written argument in support of its position. The 

responsibilities of each are as follows:

    (a) The appellant's responsibility. Within 30 days after receiving 

the acknowledgment of the appeal, the appellant shall submit the 

following to the Board (with a copy to the respondent):

    (1) An appeal file containing the documents supporting the claim, 

tabbed and organized chronologically and accompanied by an indexed list 

identifying each document. The appellant should include only those 

documents which are important to the Board's decision on the issues in 

the case.



[[Page 76]]



    (2) A written statement of the appellant's argument concerning why 

the respondent's final decision is wrong (appellant's brief).

    (b) The respondent's responsibility. Within 30 days after receiving 

the appellant's submission under paragraph (a) of this section, the 

respondent shall submit the following to the Board (with a copy to the 

appellant):

    (1) A supplement to the appeal file containing any additional 

documents supporting the respondent's position, organized and indexed as 

indicated under paragraph (a) of this section. The respondent should 

avoid submitting duplicates of documents submitted by the appellant.

    (2) A written statement (respondent's brief) responding to the 

appellant's brief.

    (c) The appellant's reply. Within 15 days after receiving the 

respondent's submission, the appellant may submit a short reply. The 

appellant should avoid repeating arguments already made.

    (d) Cooperative efforts. Whenever possible, the parties should try 

to develop a joint appeal file, agree to preparation of the file by one 

of them, agree to facts to eliminate the need for some documents, or 

agree that one party will submit documents identified by the other.

    (e) Voluminous documentation. Where submission of all relevant 

documents would lead to a voluminous appeal file (for example where 

review of a disputed audit finding of inadequate documentation might 

involve thousands of receipts), the Board will consult with the parties 

about how to reduce the size of the file.