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Title 42, The Public Health and WelfareRelease 119-102

§6868 Approval of Application or Amendment for Financial Assistance; Administrative Procedures Applicable

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

Last updated Aug 21, 2026|Official source

Summary

The Secretary must not finally reject any application or amendment under this part without first giving the State, a local government unit, or a community action agency and other interested people fair warning and a chance for a public hearing. The Secretary can combine hearings for more than one application in the same fiscal year for projects in a State. If, after notice and a hearing, the Secretary finds a serious failure to follow the rules, the agency will be told it cannot take part in the program until the problem is fixed. Fair warning must be written. It must say the Secretary plans to act, explain why, and give a reasonable time to fix the application or offer a corrective plan.

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

Aug 21, 2026

Release point: 119-102