42 U.S.C. § 2996j — Special limitations
submitted 52 years ago by Pub. L. 88-452 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 165 words · no verdicts yet
This section requires fair procedures before the Corporation suspends, ends, or refuses financial assistance. It requires notice and an opportunity for a timely, full, and fair hearing for longer or final actions.
The Corporation must set procedures ensuring that: (1) financial assistance is not suspended unless the financially assisted party receives reasonable notice and a chance to show why the suspension should not occur; and (2) assistance is not ended, a renewal application is not denied, and a suspension is not continued beyond 30 days unless the party receives reasonable notice and a chance for a timely, full, and fair hearing. If requested, an independent hearing examiner must conduct the hearing. The hearing must occur before the Corporation makes a final decision to end assistance, suspend it, or deny funding. The Corporation must appoint hearing examiners under procedures in its regulations.
The Corporation shall prescribe procedures to insure that—
financial assistance under this subchapter shall not be suspended unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been given reasonable notice and opportunity to show cause why such action should not be taken; and
financial assistance under this subchapter shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Corporation to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Corporation in accordance with procedures established in regulations promulgated by the Corporation.
Source credit: (Pub. L. 88–452, title X, § 1011, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388; amended Pub. L. 95–222, § 16, Dec. 28, 1977, 91 Stat. 1624.)
- 1974Enacted · Pub. L. 88-452 · 88 Stat. 388
- 1977Amended · Pub. L. 95-222 · 91 Stat. 1624
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-452 on 1974-07-25.
all 0 arguments · sorted by: best
no arguments yet — make the first case