C.F.R. » Title 45 » SUBCHAPTER A—GENERAL ADMINISTRATION › PART 16—PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS BOARD

45 C.F.R. § 16.13

Powers and responsibilities

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In addition to powers specified elsewhere in these procedures, Board members have the power to issue orders (including “show cause” orders); to examine witnesses; to take all steps necessary for the conduct of an orderly hearing; to rule on requests and motions, including motions to dismiss; to grant extensions of time for good reasons; to dismiss for failure to meet deadlines and other requirements; to close or suspend cases which are not ready for review; to order or assist the parties to submit relevant information; to remand a case for further action by the respondent; to waive or modify these procedures in a specific case with notice to the parties; to reconsider a Board decision where a party promptly alleges a clear error of fact or law; and to take any other action necessary to resolve disputes in accordance with the objectives of these procedures.

Notes of Decisions
Cited in 3 cases, 1983–1996 · leading case: Granville House, Inc. v. Dep't of Health & Human Servs., Arthur E. Noot as Comm'r of Pub. Welfare for the State of Minnesota, 715 F.2d 1292 (8th Cir. 1983).
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Granville House, Inc. v. Dep't of Health & Human Servs., Arthur E. Noot as Comm'r of Pub. Welfare for the State of Minnesota, 715 F.2d 1292 (8th Cir. 1983). “The district court shall certify the record made in the present case to the Board, which may consolidate this record with the two Colorado cases now pending before it.”
Pennsylvania, Dep't of Pub. Welfare v. United States Dep't of Health & Human Servs., 80 F.3d 796 (3rd Cir. 1996). · cites it 2× “It provides: In addition to powers specified elsewhere in these procedures, Board members have the power to issue orders (including “show cause” orders); to examine witnesses; to take all steps necessary for the conduct of an orderly hearing; to rule on requests and motions,…”
Ohio, Dep't of Human Servs. v. Sullivan, 789 F. Supp. 1395 (S.D. Ohio 1992). · cites it 2× “On December 14, 1990 plaintiff moved for reconsideration pursuant to 45 C.F.R. § 16.13 . The Board denied the motion on February 21, 1991.”
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