§2991h — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Commissioner must make rules so that federal money under this law is not stopped or ended without fair notice and a chance to respond. Money can be paused without notice only in an emergency. Except for emergencies, an agency must get reasonable notice and a chance to explain before a pause. No termination, denial of more funding, or a pause longer than 30 days can happen without reasonable notice and a full hearing. If an application is denied because someone is said to be ineligible, the applicant can appeal to the Secretary within 30 days of getting the rejection. If the Secretary finds the applicant or its activities eligible on appeal, that eligibility starts only in the next round of grant decisions.

Title 42, §2991h

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Commissioner shall prescribe procedures to assure that—

(1)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

(2)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.

(b)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 810 of Pub. L. 88–452 was renumbered section 811 and is classified to section 2992 of this title. Another prior section 810 of Pub. L. 88–452, title VIII, as added Pub. L. 90–222, title I, § 110, Dec. 23, 1967, 81 Stat. 722, related to authority to establish full-time programs and was classified to section 2992 of this title, prior to repeal by Pub. L. 93–113, title VI, § 603, Oct. 1, 1973, 87 Stat. 417.

Amendments

1992—Pub. L. 102–375 substituted “Commissioner” for “Secretary”, designated existing provisions as subsec. (a), and added subsec. (b).

§2991h Appeals, notice, and hearing