42 U.S.C. § 11386e — Appeal procedure

FEDERAL · 42 U.S.C. · Chapter 119

Appeal procedure

Current through Pub. L. 119-102

Title 42 — The Public Health and Welfare·Ch. 119 — HOMELESS ASSISTANCE·Subch. IV·Pt. C

(a)In general With respect to funding under this part, if certification of consistency with the consolidated plan pursuant to section 11361 of this title is withheld from an applicant who has submitted an application for that certification, such applicant may appeal such decision to the Secretary.

(b)Procedure The Secretary shall establish a procedure to process the appeals described in subsection (a).

(c)Determination Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Secretary shall determine if certification was unreasonably withheld. If such certification was unreasonably withheld, the Secretary shall review such application and determine if such applicant shall receive funding under this part.

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(a) In general
With respect to funding under this part, if certification of consistency with the consolidated plan pursuant to section 11361 of this title is withheld from an applicant who has submitted an application for that certification, such applicant may appeal such decision to the Secretary.
(b) Procedure
The Secretary shall establish a procedure to process the appeals described in subsection (a).
(c) Determination
Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Secretary shall determine if certification was unreasonably withheld. If such certification was unreasonably withheld, the Secretary shall review such application and determine if such applicant shall receive funding under this part.

42 U.S.C. § 11386e (Appeal procedure) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 100–77, title IV, §431, as added Pub. L. 111–22, div. B, title III, §1305(3), May 20, 2009, 123 Stat. 1696.)

Editorial Notes

Editorial Notes

Prior Provisions
A prior section 431 of Pub. L. 100–77 was classified to section 11391 of this title prior to repeal by Pub. L. 111–22, div. B, title V, §1501, May 20, 2009, 123 Stat. 1701.

Statutory Notes and Related Subsidiaries

Effective Date
Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.