42 U.S.C. § 11386e — Appeal procedure
submitted 17 years ago by Pub. L. 100-77 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 114 words · no verdicts yet
An applicant may appeal when certification that its application is consistent with a consolidated plan is withheld. The Secretary must establish the appeal process and decide within 45 days whether the withholding was unreasonable.
(a) In general. For funding under this part, an applicant that requested certification of consistency with the consolidated plan* under section 11361 may appeal to the Secretary* if the certification is withheld.
(b) Procedure. The Secretary must establish a process for handling these appeals.
(c) Determination. Within 45 days after receiving an appeal, the Secretary must decide whether the certification was unreasonably withheld. If it was, the Secretary must review the application and decide whether the applicant should receive funding under this part.
With respect to funding under this part, if certification of consistency with the consolidated plan* pursuant to section 11361 of this title is withheld from an applicant who has submitted an application for that certification, such applicant may appeal such decision to the Secretary*.
The Secretary shall establish a procedure to process the appeals described in subsection (a).
Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Secretary shall determine if certification was unreasonably withheld. If such certification was unreasonably withheld, the Secretary shall review such application and determine if such applicant shall receive funding under this part.
Source credit: (Pub. L. 100–77, title IV, § 431, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1696.)
- 2009Enacted · Pub. L. 100-77 · 123 Stat. 1696
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-77 on 2009-05-20.
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