§2991h. Appeals, notice, and hearing
42 U.S.C. § 2991h
The Commissioner shall prescribe procedures to assure that—
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
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.
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, amendments, and revision history
(Pub. L. 88–452, title VIII, § 810, formerly § 809, as added Pub. L. 93–644, § 11, Jan. 4, 1975, 88 Stat. 2326; renumbered § 810, Pub. L. 100–175, title V, § 502(3), Nov. 29, 1987, 101 Stat. 973; amended Pub. L. 102–375, title VIII, § 822(10), Sept. 30, 1992, 106 Stat. 1298.)
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).