[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1303.23]

[Page 118]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1303_APPEAL PROCEDURES FOR HEAD START GRANTEES AND CURRENT OR PROSPECTIVE 
 
      Subpart C_Appeals by Current or Prospective Delegate Agencies
 
Sec.  1303.23  Decision on appeal in favor of the current or prospective 

delegate agency.

    (a) The responsible HHS official will remand the rejection of an 
application or termination of an agreement to the grantee for prompt 
reconsideration and decision if the responsible HHS official's decision 
does not sustain the grantee's decision, and if there are issues which 
require further development before a final decision can be made. The 
grantee's reconsideration and decision must be made in accordance with 
all applicable requirements of this part as well as other relevant 
regulations, statutory provisions, and program issuances. The grantee 
must issue its decision on remand in writing to both the current or 
prospective delegate agency and the responsible HHS official within 15 
workdays after the date of receipt of the remand.
    (b) If the current or prospective delegate agency is dissatisfied 
with the grantee's decision on remand, it may appeal to the responsible 
HHS official within five workdays of its receipt of that decision. Any 
such appeal must comply with the requirements of Sec.  1303.21 of this 
part.
    (c) If the responsible HHS official finds that the grantee's 
decision on remand is incorrect or if the grantee fails to issue its 
decision within 15 work days, the responsible HHS official will 
entertain an application by the current or prospective delegate agency 
for a direct grant.
    (1) If such an application is approved, there will be a commensurate 
reduction in the level of funding of the grantee and whatever other 
action is deemed appropriate in the circumstances. Such reduction in 
funding shall not be considered a termination or denial of refunding and 
may not be appealed under this part.
    (2) If such an application is not approved, the responsible HHS 
official will take whatever action he or she deems appropriate under the 
circumstances.
    (d) If, without fault on the part of a delegate agency, its 
operating funds are exhausted before its appeal has been decided, the 
grantee will furnish sufficient funds for the maintenance of the 
delegate agency's current level of operations until a final 
administrative decision has been reached.
    (e) If the responsible HHS official sustains the decision of the 
grantee following remand, he or she shall notify the parties of the fact 
within 15 work days of the receipt of final submittal of documents, or 
of the conclusion of any meeting between the official and the parties, 
whichever is later.

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