[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: 45CFR1336.52]

[Page 236]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1336_NATIVE AMERICAN PROGRAMS--Table of Contents
 
                Subpart E_Financial Assistance Provisions
 
Sec.  1336.52  Appeals.

    (a) Right to appeal. Recipients whose financial assistance has been 
suspended or terminated, or whose non-competing continuation 
applications for refunding have been denied, may appeal such decisions 
using the procedures described in this section. Denial of an application 
for refunding means the refusal to fund a non-competing continuation 
application for a budget period within a previously approved project 
period.
    (b) Suspension, termination, and denial of funding. Procedures for 
and definitions of suspension and termination of financial assistance 
are published in 45 CFR 74.110-74.116. Appeals from a denial of 
refunding will be treated the same procedurally as appeals to 
termination of financial assistance. The term ``denial of refunding'' 
does not include policy decisions to eliminate one or more activities of 
an approved project. A decision not to fund an application at the end of 
the recipients's project period is not a ``denial of refunding'' and is 
not subject to appeal.
    (c) Hearings. (1) A recipient shall be given an initial written 
notice at least thirty (30) days prior to the suspension or termination 
of financial assistance except in emergency situations, which occur when 
Federal property is in imminent danger of dissipation, or when life, 
health, or safety is endangered. During this period of time, the 
recipient has the opportunity to show cause to ANA why such action 
should not be taken.
    (2) A recipient who has received final written notice of termination 
or denial of refunding, or whose financial assistance will be suspended 
for more than 30 days, or who has other appealable disputes with ANA as 
provided by 45 CFR part 16 may request review by the Departmental Grant 
Appeals Board under the provisions of 45 CFR part 16.
    (3) If a recipient appeals a suspension of more than 30 days which 
subsequently results in termination of financial assistance, both 
actions may be considered simultaneously by the Departmental Grant 
Appeals Board.