42 U.S.C. § 2991h: Appeals, notice, and hearing

Summary

The Commissioner must set up rules so groups getting federal funding are treated fairly. Funding can’t be paused except in an emergency unless the group gets notice and a chance to explain. Funding can’t be ended, a refunding denied, or a suspension kept longer than 30 days unless the group is given notice and a full, fair hearing. If an application is denied because the applicant or its activities are said to be ineligible, the applicant can appeal to the Secretary within 30 days of the rejection. If the Secretary finds the applicant is eligible, that eligibility won’t take effect until the next grant proposal cycle reviewed by the Administration.

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