
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2991h]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
 
                SUBCHAPTER VIII--NATIVE AMERICAN PROGRAMS
 
Sec. 2991h. Appeals, notice, and hearing

    (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, Sec. 810, formerly Sec. 809, as added Pub. 
L. 93-644, Sec. 11, Jan. 4, 1975, 88 Stat. 2326; renumbered Sec. 810, 
Pub. L. 100-175, title V, Sec. 502(3), Nov. 29, 1987, 101 Stat. 973; 
amended Pub. L. 102-375, title VIII, Sec. 822(10), Sept. 30, 1992, 106 
Stat. 1298.)


                            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, Sec. 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, 
Sec. 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).
