---
kind: "section"
citation: "45 C.F.R. § 16.22"
title: "45"
number: "16.22"
heading: "The effect of an appeal."
url: "https://uscodex.org/cfr/45/16.22"
---

# §16.22. The effect of an appeal.

- (a) **General.** Until the Board disposes of an appeal, the respondent shall take no action to implement the final decision appealed.
- (b) **Exceptions.** The respondent may—
  - (1) Suspend funding (see [2 CFR 200.339](/cfr/2/200.339.md));
  - (2) Defer or disallow other claims questioned for reasons also disputed in the pending appeal;
  - (3) In programs listed in appendix A, B.(a)(1), to this part implement a decision to disallow Federal financial participation claimed in expenditures reported on a statement of expenditures, by recovering, withholding or offsetting payments, if the decision is issued before the reported expenditures are included in the calculation of a subsequent grant;
  - (4) Take other action to recover, withhold, or offset funds if specifically authorized by statute or regulation; or
  - (5) Take action to require a State to suspend procedural disenrollments, as defined at [42 CFR 430.5](/cfr/42/430.5.md), or continue the accrual of the civil money penalties a State owes under [42 CFR 430.49(c)](/cfr/42/430.49.md?p=c).

## Notes

### Amendments

[46 FR 43817, Aug. 31, 1981, as amended at 81 FR 3012, Jan. 20, 2016; 88 FR 84737, Dec. 6, 2023; 89 FR 80070, Oct. 2, 2024]

### Authority

Authority: 5 U.S.C. 301 and secs. 1, 5, 6, and 7 of Reorganization Plan No. 1 of 1953, 18 FR 2053, 67 Stat. 631 and authorities cited in the Appendix.

### Source

Source: 46 FR 43817, Aug. 31, 1981, unless otherwise noted.

### Amendments

[46 FR 43817, Aug. 31, 1981, as amended at 81 FR 3012, Jan. 20, 2016; 88 FR 84737, Dec. 6, 2023; 89 FR 80070, Oct. 2, 2024]