§2996j — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Corporation must set rules so financial help under this subchapter cannot be suspended without first giving the grantee, contractor, or other recipient reasonable notice and a chance to explain why the action should not be taken. Financial help cannot be ended, a refunding application denied, or a suspension continued for more than 30 days unless the recipient has had reasonable notice and a timely, full, and fair hearing. If requested, the hearing must be by an independent hearing examiner and must happen before any final decision. Hearing examiners must be appointed by the Corporation under its rules.

Title 42, §2996j

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

The Corporation shall prescribe procedures to insure that—

(1)financial assistance under this subchapter shall not be suspended unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter 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, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Corporation to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Corporation in accordance with procedures established in regulations promulgated by the Corporation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1977—Par. (2). Pub. L. 95–222 inserted provisions relating to function and appointment of an independent hearing examiner, and the time for any hearings.

Statutory Notes and Related Subsidiaries

Effective Date

of 1977 AmendmentAmendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title.

§2996j Special Limitations