45 C.F.R. § 16.3

When these procedures become available

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Before the Board will take an appeal, three circumstances must be present:

(a) The dispute must arise under a program which uses the Board for dispute resolution, and must meet any special conditions established for that program. An explanation is contained in appendix A.

(b) The appellant must have received a final written decision, and must appeal that decision within 30 days after receiving it. Details of how final decisions are developed and issued, and what must be in them, are contained in 2 CFR 200.342.

(c) The appellant must have exhausted any preliminary appeal process required by regulation. For example, see 42 CFR part 50 (subpart D) for Public Health Service programs. In such cases, the final written decision required for the Board's review is the decision resulting from the preliminary review or appeal process. appendix A contains further details.

[46 FR 43817, Aug. 31, 1981, as amended at 62 FR 38218, July 17, 1997; 81 FR 3012, Jan. 20, 2016; 89 FR 80070, Oct. 2, 2024]

Notes of Decisions

Cited in 3 cases, 1977–2014 · leading case: Planned Parenthood KS & Mid-MO v. Brownback, 747 F.3d 814 (10th Cir. 2014).

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Planned Parenthood KS & Mid-MO v. Brownback, 747 F.3d 814 (10th Cir. 2014). · cites it 2× “See 45 C.F.R. §§ 16.3 (requirements for appeal to be heard by the board), 16.”

S. Mut. Help Ass'n, Inc. v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 574 F.2d 518 (D.C. Cir. 1977). “45 C.F.R. § 16.3 (i) (1976) (emphasis added).”

Wrona v. United States, 40 Fed. Cl. 784 (Fed. Cl. 1998). “Even if it could be argued that Network 24’s claim was one arising under its grant agreement and, thus, was governed by the procedures detailed in 45 C.F.R. § 16.3 , this regulation requires that appeals of final decisions, such as the final payment notice given on February 28,…”

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