42 U.S. Code § 9841 - Appeals, notice, hearing, and mediation; alternative agency for Indian tribe
(a) Notice requirements; suspension or termination of assistance stayed pending hearing; mediation
The Secretary shall prescribe—
(1) procedures to assure that special notice of and an opportunity for a timely and expeditious appeal to the Secretary will be provided for an agency or organization which desires to serve as a delegate agency under this subchapter and whose application to the Head Start agency has been wholly or substantially rejected or has not been acted upon within a period of time deemed reasonable by the Secretary, in accordance with regulations which the Secretary shall prescribe;
(2) procedures to assure that financial assistance under this subchapter shall not be suspended, except in emergency situations, unless the recipient agency has been given reasonable notice and opportunity to show cause why such action should not be taken;
(3) procedures to assure that financial assistance under this subchapter may be terminated or reduced, and an application for refunding may be denied, after the recipient has been afforded reasonable notice and opportunity for a full and fair hearing, including—
(A) a right to file a notice of appeal of a decision not later than 30 days after notice of the decision from the Secretary; and
(4) procedures (including mediation procedures) are developed and published, to be used in order to—
(A) resolve in a timely manner conflicts potentially leading to an adverse action between—
(5) procedures to assure that the Secretary may suspend financial assistance to a recipient under this subchapter—
(B) in the case of a recipient under this subchapter that has multiple and recurring deficiencies for 180 days or more and has not made substantial and significant progress toward meeting the goals of the grantee’s quality improvement plan or eliminating all deficiencies identified by the Secretary, during the hearing of an appeal described in paragraph (3), for any amount of time; and
(b) Notification of conflict by Head Start agency to regional office
In prescribing procedures for the mediation described in subsection (a)(4) of this section, the Secretary shall specify—
(1) the date by which a Head Start agency engaged in a conflict described in subsection (a)(4) of this section will notify the appropriate regional office of the Department of the conflict; and
(c) Timeline for administrative hearing
The Secretary shall also specify—
(d) Termination of designation not stayed upon appeal
In any case in which a termination, reduction, or suspension of financial assistance under this subchapter is upheld in an administrative hearing under this section, such termination, reduction, or suspension shall not be stayed pending any judicial appeal of such administrative decision.
(e) Establishment of alternative agency by Indian tribe
(1) The Secretary shall by regulation specify a process by which an Indian tribe may identify and establish an alternative agency, and request that the alternative agency be designated under section 9836 of this title as the Head Start agency providing services to the tribe, if—
(A) the Secretary terminates financial assistance under this section to the only agency that was receiving financial assistance to provide Head Start services to the Indian tribe; and
(2) The regulation required by this subsection shall prohibit such designation of an alternative agency that includes an employee who—
(A) served on the administrative staff or program staff of the agency described in paragraph (1)(A); and
(B) was responsible for a deficiency that—
(i) relates to the performance standards or financial management standards described in section 9836a (a)(1) of this title; and
as determined by the Secretary after providing the notice and opportunity described in subsection (a)(3) of this section.
Source(Pub. L. 97–35, title VI, § 646,Aug. 13, 1981, 95 Stat. 504; Pub. L. 101–501, title I, § 115,Nov. 3, 1990, 104 Stat. 1232; Pub. L. 103–252, title I, § 113,May 18, 1994, 108 Stat. 641; Pub. L. 110–134, § 16,Dec. 12, 2007, 121 Stat. 1421.)
2007—Subsec. (a). Pub. L. 110–134, § 16(1), struck out “procedures to assure that” after “prescribe” in introductory provisions.
Subsec. (a)(1), (2). Pub. L. 110–134, § 16(2), inserted “procedures to assure that” after the par. designation.
Subsec. (a)(3) to (6). Pub. L. 110–134, § 16(3), added pars. (3) to (6) and struck out former pars. (3) and (4) which read as follows:
“(3) financial assistance under this subchapter shall not be terminated or reduced, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than 30 days, unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing; and
“(4) the Secretary shall develop and publish procedures (including mediation procedures) to be used in order to—
“(A) resolve in a timely manner conflicts potentially leading to adverse action between—
“(i) recipients of financial assistance under this subchapter; and
“(ii) delegate agencies or Head Start Parent Policy Councils; and
“(B) avoid the need for an administrative hearing on an adverse action.”
1994—Subsec. (a)(4). Pub. L. 103–252, § 113(a), added par. (4).
Subsecs. (b) to (e). Pub. L. 103–252, § 113(b), added subsecs. (b) to (e) and struck out former subsec. (b) which read as follows: “The Secretary may not prescribe any procedure that would modify the operation of section 1303.21 or 1303.33, or any of subdivisions (a) through (f) of section 1303.35, of title 45 of the Code of Federal Regulations as in effect on April 1, 1990.”
1990—Subsec. (a). Pub. L. 101–501, § 115(1), (2), designated existing provisions as subsec. (a) and inserted “or reduced” after “terminated” in par. (3).
Subsec. (b). Pub. L. 101–501, § 115(3), added subsec. (b).
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–252effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 ofPub. L. 103–252, set out as a note under section 9832 of this title.
Effective Date of 1990 Amendment