---
kind: "section"
citation: "45 C.F.R. § 96.52"
title: "45"
number: "96.52"
heading: "Appeals."
url: "https://uscodex.org/cfr/45/96.52"
---

# §96.52. Appeals.

- (a) Decisions resulting from repayment hearings held pursuant to [§ 96.51(a)](/cfr/45/96.51.md?p=a) of this part may be appealed by either the State or the Department to the Grant Appeals Board.
- (b) Decisions resulting from offset hearings held pursuant to [§ 96.51(b)](/cfr/45/96.51.md?p=b) of this part may not be appealed.
- (c) Decisions resulting from withholding hearings held pursuant to [§ 96.51(c)](/cfr/45/96.51.md?p=c) of this part may be appealed to the Secretary by the State or the Department as follows:
  - (1) An application for appeal must be received by the Secretary no later than 60 days after the appealing party receives a copy of the presiding officer's decision. The application shall clearly identify the questions for which review is sought and shall explain fully the party's position with respect to those questions. A copy shall be furnished to the other party.
  - (2) The Secretary may permit the filing of opposing briefs, hold informal conferences, or take whatever other steps the Secretary finds appropriate to decide the appeal.
  - (3) The Secretary may refer an application for appeal to the Grant Appeals Board. Notwithstanding [part 16 of this title](/cfr/45/part16.md), in the event of such a referral, the Board shall issue a recommended decision that will not become final until affirmed, reversed, or modified by the Secretary.
- (d) Any appeal to the Grant Appeals Board under this section shall be governed by [part 16 of this title](/cfr/45/part16.md) except that the Board shall not hold a hearing. The Board shall accept any findings with respect to credibility of witnesses made by the presiding officer. The Board may otherwise review and supplement the record as provided for in [part 16 of this title](/cfr/45/part16.md) and decide the issues raised.

## Notes

### Authority

Authority: 31 U.S.C. 1243 note, 7501-7507; 42 U.S.C. 300w et seq., § 300x et seq., § 300y et seq., § 701 et seq., § 8621 et seq., § 9901 et seq., § 1397 et seq., 5 U.S.C. § 301.

### Source

Source: 47 FR 29486, July 6, 1982, unless otherwise noted.