[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR16.4]

[Page 74-75]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 16_PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS
BOARD--Table of Contents
 
Sec. 16.4  Summary of procedures below.

    The Board's basic process is review of a written record (which both 
parties are given ample opportunity to develop), consisting of relevant 
documents and statements submitted by both parties (see Sec. 16.8). In 
addition, the Board may hold an informal conference (see Sec. 16.10). 
The informal conference primarily involves questioning of the 
participants by a presiding Board member. Conferences may be conducted 
by telephone conference call. The written record review also may be 
supplemented by a hearing involving an opportunity for examining 
evidence and witnesses, cross-examination, and oral argument (see Sec. 
16.11). A hearing is

[[Page 75]]

more expensive and time-consuming than a determination on the written 
record alone or with an informal conference. Generally, therefore, the 
Board will schedule a hearing only if the Board determines that there 
are complex issues or material facts in dispute, or that the Board's 
review would otherwise be significantly enhanced by a hearing. Where the 
amount in dispute is $25,000 or less, there are special expedited 
procedures (see Sec. 16.12 of this part). In all cases, the Board has 
the flexibility to modify procedures to ensure fairness, to avoid delay, 
and to accommodate the peculiar needs of a given case. The Board makes 
maximum feasible use of preliminary informal steps to refine issues and 
to encourage resolution by the parties. The Board also has the 
capability to provide mediation services (see Sec. 16.18).