2013 US Code
Title 42 - The Public Health and Welfare
Chapter 34 - ECONOMIC OPPORTUNITY PROGRAM (§§ 2701 - 2996l)
Subchapter VIII - NATIVE AMERICAN PROGRAMS (§§ 2991 - 2994d)
Section 2991h - Appeals, notice, and hearing
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM SUBCHAPTER VIII - NATIVE AMERICAN PROGRAMS Sec. 2991h - Appeals, notice, and hearing |
| Contains | section 2991h |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | 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. |
| Statutes at Large References | 81 Stat. 722 87 Stat. 417 88 Stat. 2326 101 Stat. 973 106 Stat. 1298 |
| Public Law References | Public Law 88-452, Public Law 90-222, Public Law 93-113, Public Law 93-644, Public Law 100-175, Public Law 102-375 |
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(a) The Commissioner shall prescribe procedures to assure that—
(1) 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
(2) 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.
(b) 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.
(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.)
PRIOR PROVISIONSA 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.
AMENDMENTS1992—Pub. L. 102–375 substituted "Commissioner" for "Secretary", designated existing provisions as subsec. (a), and added subsec. (b).
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