[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: 45CFR96.52]



[Page 510]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 96_BLOCK GRANTS--Table of Contents

 

                          Subpart E_Enforcement

 

Sec.  96.52  Appeals.



    (a) Decisions resulting from repayment hearings held pursuant to 

Sec.  96.51(a) of this part may be appealed by either the State or the 

Department to the Grant Appeals Board.

    (b) Decisions resulting from offset hearings held pursuant to Sec.  

96.51(b) of this part may not be appealed.

    (c) Decisions resulting from withholding hearings held pursuant to 

Sec.  96.51(c) of this part may be appealed to the Secretary by the 

State or the Department as follows:

    (1) An application for appeal must be received by the Secretary no 

later than 60 days after the appealing party receives a copy of the 

presiding officer's decision. The application shall clearly identify the 

questions for which review is sought and shall explain fully the party's 

position with respect to those questions. A copy shall be furnished to 

the other party.

    (2) The Secretary may permit the filing of opposing briefs, hold 

informal conferences, or take whatever other steps the Secretary finds 

appropriate to decide the appeal.

    (3) The Secretary may refer an application for appeal to the Grant 

Appeals Board. Notwithstanding Part 16 of this title, in the event of 

such a referral, the Board shall issue a recommended decision that will 

not become final until affirmed, reversed, or modified by the Secretary.

    (d) Any appeal to the Grant Appeals Board under this section shall 

be governed by Part 16 of this title except that the Board shall not 

hold a hearing. The Board shall accept any findings with respect to 

credibility of witnesses made by the presiding officer. The Board may 

otherwise review and supplement the record as provided for in Part 16 of 

this title and decide the issues raised.