42 U.S. Code § 9841 - Appeals, notice, hearing, and mediation; alternative agency for Indian tribe
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.
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).
Amendment by Pub. L. 103–252 effective 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 of Pub. L. 103–252, set out as a note under section 9832 of this title.