42 U.S.C. § 6868

Approval of application or amendment for financial assistance; administrative procedures applicable

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(a) The Secretary shall not finally disapprove any application submitted under this part, or any amendment thereto, without first affording the State (or unit of general purpose local government or community action agency under section 6863(c) of this title, as appropriate) in question, as well as other interested parties, reasonable notice and an opportunity for a public hearing. The Secretary may consolidate into a single hearing the consideration of more than one such application for a particular fiscal year to carry out projects within a particular State. Whenever the Secretary, after reasonable notice and an opportunity for a public hearing, finds that there is a failure to comply substantially with the provisions of this part or regulations promulgated under this part, he shall notify the agency or institution involved and other interested parties that such State (or unit of general purpose local government or agency, as appropriate) will no longer be eligible to participate in the program under this part until the Secretary is satisfied that there is no longer any such failure to comply.(b) Reasonable notice under this section shall include a written notice of intention to act adversely (including a statement of the reasons therefor) and a reasonable period of time within which to submit corrective amendments to the application, or to propose corrective action.(Pub. L. 94–385, title IV, § 418, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.)Editorial NotesAmendments

1980—Subsec. (a). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.

Notes of Decisions

Cited in 2 cases, 1983–2008 · leading case: Houston v. Williams, 547 F.3d 1357 (11th Cir. 2008).

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Houston v. Williams, 547 F.3d 1357 (11th Cir. 2008). “Furthermore, 42 U.S.C. §§ 6868 and 6869 provide administrative and judicial review procedures for states that are dissatisfied with the Secretary’s decisions.”

United States v. Ricardo A. Montoya, D/B/A Ram Corp., 716 F.2d 1340 (10th Cir. 1983). “42 U.S.C. § 6868 . Montoya argues nevertheless that actual as opposed to titular control over the funds should be the determinative criterion.”

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