42 U.S.C. § 2991h — Appeals, notice, and hearing
submitted 51 years ago by Pub. L. 88-452 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 187 words · no verdicts yet
The Commissioner must protect assisted agencies with notice and opportunities to respond before assistance is suspended or ended, refunding is denied, or a suspension lasts over 30 days. An applicant rejected as ineligible may appeal to the Secretary within 30 days, but a favorable decision applies only in the next grant cycle.
(a) The Commissioner must prescribe procedures ensuring that (1) assistance is not suspended, except in an emergency, without reasonable notice and an opportunity for the agency to show why it should not happen; and (2) assistance is not terminated, refunding is not denied, and suspension does not continue beyond 30 days without reasonable notice and an opportunity for a full and fair hearing.
(b) An applicant rejected as ineligible, or whose proposed activities are rejected as ineligible for funding, may appeal to the Secretary* within 30 days after receiving notice. If the Secretary finds the applicant or activities eligible, that eligibility begins only when the Administration considers the next grant-proposal cycle.
The Commissioner shall prescribe procedures to assure that—
financial assistance under this subchapter shall not be suspended, except in emergency situations, unless the assisted agency 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, and application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the assisted agency has been afforded reasonable notice and opportunity for a full and fair hearing.
If an application is rejected on the grounds that the applicant is ineligible or that activities proposed by the applicant are ineligible for funding, the applicant may appeal to the Secretary*, not later than 30 days after the date of receipt of notification of such rejection, for a review of the grounds for such rejection. On appeal, if the Secretary finds that an applicant is eligible or that its proposed activities are eligible, such eligibility shall not be effective until the next cycle of grant proposals are considered by the Administration.
Source credit: (Pub. L. 88–452, title VIII, § 810, formerly § 809, as added Pub. L. 93–644, § 11, Jan. 4, 1975, 88 Stat. 2326; renumbered § 810, Pub. L. 100–175, title V, § 502(3), Nov. 29, 1987, 101 Stat. 973; amended Pub. L. 102–375, title VIII, § 822(10), Sept. 30, 1992, 106 Stat. 1298.)
- 1975Enacted · Pub. L. 88-452 · 88 Stat. 2326
- 1987Amended · Pub. L. 100-175 · 101 Stat. 973
- 1992Amended · Pub. L. 102-375 · 106 Stat. 1298
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-452 on 1975-01-04.
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