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Title 42 — The Public Health and WelfareRelease 119-73

§6868 Approval of application or amendment for financial assistance; administrative procedures applicable

Title 42 › Chapter CHAPTER 81— - ENERGY CONSERVATION AND RESOURCE RENEWAL › Subchapter SUBCHAPTER III— - ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR EXISTING BUILDINGS › Part Part A— - Weatherization Assistance for Low-Income Persons › § 6868

Last updated Apr 6, 2026|Official source

Summary

The Secretary must give written notice and a chance for a public hearing before finally denying any application or amendment. The notice must explain why the action is planned and give a reasonable time to fix the application or suggest corrective steps. The Secretary can combine hearings for multiple applications for the same year and State. If, after notice and a hearing, the Secretary finds a serious failure to follow the law or rules, the Secretary will tell the State, local government, or agency and others that they cannot take part in the program until the problems are fixed.

Full Legal Text

Title 42, §6868

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

(a)The Secretary shall not finally disapprove any application submitted under this part, or any amendment thereto, without first affording the State (or unit of general purpose local government or community action agency under section 6863(c) of this title, as appropriate) in question, as well as other interested parties, reasonable notice and an opportunity for a public hearing. The Secretary may consolidate into a single hearing the consideration of more than one such application for a particular fiscal year to carry out projects within a particular State. Whenever the Secretary, after reasonable notice and an opportunity for a public hearing, finds that there is a failure to comply substantially with the provisions of this part or regulations promulgated under this part, he shall notify the agency or institution involved and other interested parties that such State (or unit of general purpose local government or agency, as appropriate) will no longer be eligible to participate in the program under this part until the Secretary is satisfied that there is no longer any such failure to comply.
(b)Reasonable notice under this section shall include a written notice of intention to act adversely (including a statement of the reasons therefor) and a reasonable period of time within which to submit corrective amendments to the application, or to propose corrective action.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (a). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6868

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73