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

45 C.F.R. § 16.22

The effect of an appeal

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(a) General. Until the Board disposes of an appeal, the respondent shall take no action to implement the final decision appealed.

(b) Exceptions. The respondent may—

(1) Suspend funding (see 2 CFR 200.339);

(2) Defer or disallow other claims questioned for reasons also disputed in the pending appeal;

(3) In programs listed in appendix A, B.(a)(1), to this part implement a decision to disallow Federal financial participation claimed in expenditures reported on a statement of expenditures, by recovering, withholding or offsetting payments, if the decision is issued before the reported expenditures are included in the calculation of a subsequent grant;

(4) Take other action to recover, withhold, or offset funds if specifically authorized by statute or regulation; or

(5) Take action to require a State to suspend procedural disenrollments, as defined at 42 CFR 430.5, or continue the accrual of the civil money penalties a State owes under 42 CFR 430.49(c).

[46 FR 43817, Aug. 31, 1981, as amended at 81 FR 3012, Jan. 20, 2016; 88 FR 84737, Dec. 6, 2023; 89 FR 80070, Oct. 2, 2024]
Notes of Decisions
Cited in 1 case, 1985–1985 · leading case: Maryland Dep't of Human Resources v. Dep't of Health & Human Servs., 763 F.2d 1441 (D.C. Cir. 1985).
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Maryland Dep't of Human Resources v. Dep't of Health & Human Servs., 763 F.2d 1441 (D.C. Cir. 1985). · cites it 2× “” 45 C.F.R. § 16.22 (a) (1984). But the regulation then goes on to provide that the Secretary may "implement a decision to disallow Federal financial participation claimed in expenditures reported on a statement of expenditures, by recovering, withholding or offsetting payments,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.