
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9841]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
                   SUBCHAPTER II--HEAD START PROGRAMS
 
Sec. 9841. Appeals, notice, hearing, and mediation; alternative 
        agency for Indian tribe
        

(a) Notice requirements; suspension or termination of assistance stayed 
        pending hearing; mediation

    The Secretary shall prescribe procedures to assure that--
        (1) special notice of and an opportunity for a timely and 
    expeditious appeal to the Secretary will be provided for an agency 
    or organization which desires to serve as a delegate agency under 
    this subchapter and whose application to the Head Start agency has 
    been wholly or substantially rejected or has not been acted upon 
    within a period of time deemed reasonable by the Secretary, in 
    accordance with regulations which the Secretary shall prescribe;
        (2) financial assistance under this subchapter shall not be 
    suspended, except in emergency situations, unless the recipient 
    agency has been given reasonable notice and opportunity to show 
    cause why such action should not be taken;
        (3) financial assistance under this subchapter shall not be 
    terminated or reduced, an application for refunding shall not be 
    denied, and a suspension of financial assistance shall not be 
    continued for longer than 30 days, unless the recipient has been 
    afforded reasonable notice and opportunity for a full and fair 
    hearing; and
        (4) the Secretary shall develop and publish procedures 
    (including mediation procedures) to be used in order to--
            (A) resolve in a timely manner conflicts potentially leading 
        to adverse action between--
                (i) recipients of financial assistance under this 
            subchapter; and
                (ii) delegate agencies or Head Start Parent Policy 
            Councils; and

            (B) avoid the need for an administrative hearing on an 
        adverse action.

(b) Notification of conflict by Head Start agency to regional office

    In prescribing procedures for the mediation described in subsection 
(a)(4) of this section, the Secretary shall specify--
        (1) the date by which a Head Start agency engaged in a conflict 
    described in subsection (a)(4) of this section will notify the 
    appropriate regional office of the Department of the conflict; and
        (2) a reasonable period for the mediation.

(c) Timeline for administrative hearing

    The Secretary shall also specify--
        (1) a timeline for an administrative hearing, if necessary, on 
    an adverse action; and
        (2) a timeline by which the person conducting the administrative 
    hearing shall issue a decision based on the hearing.

(d) Termination of designation not stayed upon appeal

    In any case in which a termination, reduction, or suspension of 
financial assistance under this subchapter is upheld in an 
administrative hearing under this section, such termination, reduction, 
or suspension shall not be stayed pending any judicial appeal of such 
administrative decision.

(e) Establishment of alternative agency by Indian tribe

    (1) The Secretary shall by regulation specify a process by which an 
Indian tribe may identify and establish an alternative agency, and 
request that the alternative agency be designated under section 9836 of 
this title as the Head Start agency providing services to the tribe, 
if--
        (A) the Secretary terminates financial assistance under this 
    section to the only agency that was receiving financial assistance 
    to provide Head Start services to the Indian tribe; and
        (B) the tribe would otherwise be precluded from providing such 
    services to the members of the tribe.

    (2) The regulation required by this subsection shall prohibit such 
designation of an alternative agency that includes an employee who--
        (A) served on the administrative staff or program staff of the 
    agency described in paragraph (1)(A); and
        (B) was responsible for a deficiency that--
            (i) relates to the performance standards or financial 
        management standards described in section 9836a(a)(1) of this 
        title; and
            (ii) was the basis for the termination of financial 
        assistance described in paragraph (1)(A);

    as determined by the Secretary after providing the notice and 
    opportunity described in subsection (a)(3) of this section.

(Pub. L. 97-35, title VI, Sec. 646, Aug. 13, 1981, 95 Stat. 504; Pub. L. 
101-501, title I, Sec. 115, Nov. 3, 1990, 104 Stat. 1232; Pub. L. 103-
252, title I, Sec. 113, May 18, 1994, 108 Stat. 641.)


                               Amendments

    1994--Subsec. (a)(4). Pub. L. 103-252, Sec. 113(a), added par. (4).
    Subsecs. (b) to (e). Pub. L. 103-252, Sec. 113(b), added subsecs. 
(b) to (e) and struck out former subsec. (b) which read as follows: 
``The Secretary may not prescribe any procedure that would modify the 
operation of section 1303.21 or 1303.33, or any of subdivisions (a) 
through (f) of section 1303.35, of title 45 of the Code of Federal 
Regulations as in effect on April 1, 1990.''
    1990--Subsec. (a). Pub. L. 101-501, Sec. 115(1), (2), designated 
existing provisions as subsec. (a) and inserted ``or reduced'' after 
``terminated'' in par. (3).
    Subsec. (b). Pub. L. 101-501, Sec. 115(3), added subsec. (b).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-252 effective May 18, 1994, but not 
applicable to Head Start agencies and other recipients of financial 
assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 
1, 1994, see section 127 of Pub. L. 103-252, set out as a note under 
section 9832 of this title.


                    Effective Date of 1990 Amendment

    Amendment by section 115(1), (2) of Pub. L. 101-501 effective Oct. 
1, 1990, and amendment by section 115(3) of Pub. L. 101-501 effective 
Apr. 1, 1990, see section 1001(a), (b)(2) of Pub. L. 101-501, set out as 
a note under section 8621 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 9836 of this title.
