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 1304—FEDERAL ADMINISTRATIVE PROCEDURES › Subpart A—Monitoring, Suspension, Termination, Denial of Refunding, Reduction in Funding, and Their Appeals

45 C.F.R. § 1304.1

Purpose

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(a) Section 641A(c) of the Act requires the Secretary to monitor whether a grant recipient meets program governance, program operations, and financial and administrative standards described in this regulation and to identify areas for improvements and areas of strength as part of the grant recipient's ongoing self-assessment process. This subpart focuses on the monitoring process. It discusses areas of noncompliance, deficiencies, and corrective action through quality improvement plans.

(b) Section 646(a) of the Act requires the Secretary to prescribe procedures for notice and appeal for certain adverse actions. This subpart establishes rules and procedures to suspend financial assistance to a grant recipient, deny a grant recipient's application for refunding, terminate, or reduce a grant recipient's assistance under the Act when the grant recipient improperly uses federal funds or fails to comply with applicable laws, regulations, policies, instructions, assurances, terms and conditions or, if the grant recipient loses its legal status or financial viability. This subpart does not apply to reductions to a grant recipient's financial assistance based on chronic under-enrollment procedures at section 641A(h) of the Act or to matters described in subpart B. This subpart does not apply to any administrative action based upon any violation, or alleged violation, of title VI of the Civil Rights Act of 1964. Except as otherwise provided for in this subpart, the appeals and processes in this subpart will be governed by the Departmental Appeals Board regulations at 45 CFR part 16.

Notes of Decisions
Cited in 5 cases, 2001–2018 · leading case: Off. Plan. Grp., Inc v. Baraga-Houghton-Keweenaw Child Dev. Bd., 697 N.W.2d 871 (Mich. 2005).
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Off. Plan. Grp., Inc v. Baraga-Houghton-Keweenaw Child Dev. Bd., 697 N.W.2d 871 (Mich. 2005). · cites it 4× “See 45 C.F.R. § 1304.1 . There is no provision in the Head Start Act, however, permitting a private citizen to enforce its provisions.”
Nation v. Azar, 302 F. Supp. 3d 429 (D.C. Cir. 2018). “In addition, HHS did not provide for an individualized appeal and hearing before adjusting funding in the Navajo Nation's particular case.”
Johnson v. Quin Rivers Agency for Cmty. Action, Inc., 128 F. Supp. 2d 332 (E.D. Va. 2001). “See 45 C.F.R. § 1304.1 . There is no provision in the Head Start Act, however, permitting a private citizen to enforce its provisions.”
Off. Plan. Grp., Inc v. Baraga-Houghton-Keweenaw Child Dev. Bd., 674 N.W.2d 686 (Mich. Ct. App. 2004). “See 45 C.F.R. § 1304.1 . There is no provision in the Head Start Act, however, permitting a private citizen to enforce its provisions.”
Navajo Nation v. Azar II (D.D.C. 2018). “HHS has promulgated regulations that prescribe appeal and hearing procedures for certain actions that reduce funding, but the regulations do not apply to reductions based on chronic under-enrollment, see 45 C.F.R. § 1304.1 (b), and HHS has not used less formal measures to…”
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