C.F.R. » Title 45 » CHAPTER XIII—ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—THE ADMINISTRATION FOR CHILDREN AND FAMILIES, HEAD START PROGRAM › PART 1303—FINANCIAL AND ADMINISTRATIVE REQUIREMENTS › Subpart D—Delegation of Program Operations

45 C.F.R. § 1303.33

Termination of delegate agencies

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(a) If a grant recipient shows cause why termination is appropriate or demonstrates cost effectiveness, the grant recipient may terminate a delegate agency's contract.

(b) The grant recipient's decision to terminate must not be arbitrary or capricious.

(c) The grant recipient must establish a process for defunding a delegate agency, including an appeal of a defunding decision and must ensure the process is fair and timely.

(d) The grant recipient must notify the responsible HHS official about the appeal and its decision.

Notes of Decisions
Cited in 5 cases, 1989–2015 · leading case: Jarita Mesa Livestock Grazing Ass'n v. United States Forest Serv., 140 F. Supp. 3d 1123 (D.N.M. 2015).
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Jarita Mesa Livestock Grazing Ass'n v. United States Forest Serv., 140 F. Supp. 3d 1123 (D.N.M. 2015). · cites it 2× “” *1208 45 C.F.R. § 1303.33 (a). Section 1303.30 described various ways in which a grantee could violate grant requirements.”
Salt Lake Cmty. Action Prog., Inc. v. Donna Shalala, Sec'y, U.S. Dep't of Health & Human Servs., 11 F.3d 1084 (D.C. Cir. 1993). “” 45 C.F.R. § 1303.33 (a) (1992). Head Start grantees are subject to the DAB appeals procedure for all matters other than “suspension, termination and denial of refunding.”
Cmty. Action of Laramie Cnty., Inc. v. Bowen, 866 F.2d 347 (10th Cir. 1989). · cites it 3× “On August 6, 1985, HHS officially informed CALC of its intent to terminate financial assistance under 45 C.F.R. § 1303.33 (a), (b). Id. at 684 .”
Vigil v. Rhoades, 953 F.2d 1225 (10th Cir. 1992). “, 45 C.F.R. §§ 1303.33 (b), 1303.36(b), in search of manageable standards with which to review the termination of funding of a local Head Start grantee.”
Salt Lake Cmty. Action Prog., Inc. v. Sullivan, 785 F. Supp. 1013 (D.D.C. 1992). · cites it 2× “” 45 C.F.R. § 1303.33 implements the statute by providing that HHS may “terminate financial assistance to a grantee in whole or in part for failure to comply with any requirement .”
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