45 CFR 96.50 - Complaints.

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§ 96.50 Complaints.

(a) This section applies to any complaint (other than a complaint alleging violation of the nondiscrimination provisions) that a State has failed to use its allotment under a block grant in accordance with the terms of the act establishing the block grant or the certifications and assurances made by the State pursuant to that act. The Secretary is not required to consider a complaint unless it is submitted as required by this section.

(b) Complaints with respect to the health block grants must be submitted in writing to either the Assistant Secretary for Health or: For the preventive health and health services block grant, the Director, Centers for Disease Control; for the alcohol and drug abuse and mental health services block grant, the Administrator, Alcohol, Drug Abuse, and Mental Health Administration; for the maternal and child health services block grant, the Administrator, Health Resources and Services Administration. Complaints with respect to the social services block grant must be submitted in writing to the Assistant Secretary for Human Development Services. Complaints with respect to the low-income home energy assistance program and the community services block grant must be submitted in writing to the Director, Office of Community Services. (The address for the Director, Center for Disease Control is 1600 Clifton Road, NE., Atlanta, Georgia 30333. For each of the other officials cited above the address is 200 Independence Avenue SW., Washington, DC 20201.) The complaint must identify the provision of the act, assurance, or certification that was allegedly violated; must specify the basis for the violations it charges; and must include all relevant information known to the person submitting it.

(c) The Department shall promptly furnish a copy of any complaint to the affected State. Any comments received from the State within 60 days (or such longer period as may be agreed upon between the State and the Department) shall be considered by the Department in responding to the complaint. The Department will conduct an investigation of complaints where appropriate.

(d) The Department will provide a written response to complaints within 180 days after receipt. If a final resolution cannot be provided at that time, the response will state the reasons why additional time is necessary. Under the low-income home energy assistance program, within 60 days after receipt of complaints, the Department will provide a written response to the complainant, stating the actions that it has taken to date and, if the complaint has not yet been fully resolved, the timetable for final resolution of the complaint.

(e) The Department recognizes that under the block grant programs the States are primarily responsible for interpreting the governing statutory provisions. As a result, various States may reach different interpretations of the same statutory provisions. This circumstance is consistent with the intent of and statutory authority for the block grant programs. In resolving any issue raised by a complaint or a Federal audit the Department will defer to a State's interpretation of its assurances and of the provisions of the block grant statutes unless the interpretation is clearly erroneous. In any event, the Department will provide copies of complaints to the independent entity responsible for auditing the State's activities under the block grant program involved. Any determination by the Department that a State's interpretation is not clearly erroneous shall not preclude or otherwise prejudice the State auditors' consideration of the question.

[ 47 FR 29486, July 6, 1982; 47 FR 43062, Sept. 30, 1982, as amended at 52 FR 37967, Oct. 13, 1987; 57 FR 1977, Jan. 16, 1992; 60 FR 21358, May 1, 1995]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 31 - MONEY AND FINANCE

§ 300w - Authorization of appropriations

§ 300w-1

§ 300w-2

§ 300w-3

§ 300w-4

§ 300w-5

§ 300w-6

§ 300w-7

§ 300w-8

§ 300w-9

§ 300w-10

§ 300x - Formula grants to States

§ 300x-1

§ 300x-2

§ 300x-3

§ 300x-4

§ 300x-5

§ 300x-6

§ 300x-7

§ 300x-8

§ 300x-9

§ 300y - Data infrastructure development

§ 701 - Authorization of appropriations; purposes; definitions

§ 702 - Allotment to States and Federal set-aside

§ 703 - Payments to States

§ 703a - Omitted

§ 704 - Use of allotment funds

§ 704a - Omitted

§ 704b - Nonavailability of allotments after close of fiscal year

§ 705 - Application for block grant funds

§ 706 - Administrative and fiscal accountability

§ 707 - Criminal penalty for false statements

§ 708 - Nondiscrimination provisions

§ 709 - Administration of Federal and State programs

§ 710 - Sexual risk avoidance education

§ 711 - Maternal, infant, and early childhood home visiting programs

§ 712 - Services to individuals with a postpartum condition and their families

§ 713 - Personal responsibility education

§ 714 - Omitted

§ 721 - Repealed. Pub. L. 90–248, title II, § 240(e)(1), Jan. 2, 1968, 81 Stat. 915

§ 729 - Omitted

§ 9901 - Purposes and goals

§ 9902 - Definitions

§ 9903 - Authorization of appropriations

§ 9904 - Establishment of block grant program

§ 9905 - Distribution to territories

§ 9906 - Allotments and payments to States

§ 9907 - Uses of funds

§ 9908 - Application and plan

§ 9909 - Designation and redesignation of eligible entities in unserved areas

§ 9910 - Tripartite boards

§ 9911 - Payments to Indian tribes

§ 9912 - Office of Community Services

§ 9913 - Training, technical assistance, and other activities

§ 9914 - Monitoring of eligible entities

§ 9915 - Corrective action; termination and reduction of funding

§ 9916 - Fiscal controls, audits, and withholding

§ 9917 - Accountability and reporting requirements

§ 9918 - Limitations on use of funds

§ 9919 - Drug and child support services and referrals

§ 9920 - Operational rule

§ 9921 - Discretionary authority of Secretary

§ 9922 - Community food and nutrition programs

§ 9923 - National or regional programs designed to provide instructional activities for low-income youth

§ 9924 - References

§ 9925 - Demonstration partnership agreements addressing needs of poor

§ 9926 - Projects to expand the number of job opportunities available to certain low-income individuals