42 U.S.C. § 6868 — Approval of application or amendment for

Page 6913 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6869 Editorial Notes AMENDMENTS 2009—Pub. L. 111–5 substituted ‘‘up to 20 percent’’ for ‘‘10 percent’’. 1980—Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. § 6867. Administration of projects receiving fi- nancial assistance (a) Reporting requirements The Secretary, in consultation with the Direc- tor, by general or special orders, may require any recipient of financial assistance under this part to provide, in such form as he may pre- scribe, such reports or answers in writing to spe- cific questions, surveys, or questionnaires as may be necessary to enable the Secretary and the Director to carry out their functions under this part. (b) Maintenance of records Each person responsible for the administra- tion of a weatherization assistance project re- ceiving financial assistance under this part shall keep such records as the Secretary may pre- scribe in order to assure an effective financial audit and performance evaluation of such project. (c) Audit and examination of books, etc. The Secretary, the Director (with respect to community action agencies), and the Comp- troller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, information, and records of any project receiving financial as- sistance under this part that are pertinent to the financial assistance received under this part. (d) Method of payments Payments under this part may be made in in- stallments and in advance, or by way of reim- bursement, with necessary adjustments on ac- count of overpayments or underpayments. (Pub. L. 94–385, title IV, § 417, Aug. 14, 1976, 90 Stat. 1156; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.) Editorial Notes AMENDMENTS 1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. § 6868. Approval of application or amendment for financial assistance; administrative proce- dures applicable (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 gov- ernment or community action agency under sec- tion 6863(c) of this title, as appropriate) in ques- tion, as well as other interested parties, reason- able notice and an opportunity for a public hear- ing. 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 pro- mulgated under this part, he shall notify the agency or institution involved and other inter- ested parties that such State (or unit of general purpose local government or agency, as appro- priate) will no longer be eligible to participate in the program under this part until the Sec- retary 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 ad- versely (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 Notes AMENDMENTS 1980—Subsec. (a). Pub. L. 96–294 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. § 6869. Judicial review of final action by Sec- retary on application (a) Time for appeal; jurisdiction; filing of admin- istrative record by Secretary If any applicant is dissatisfied with the Sec- retary’s final action with respect to the applica- tion submitted by it under section 6864 of this title or with a final action under section 6868 of this title, such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for re- view of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the pro- ceedings on which he based his action, as pro- vided in section 2112 of title 28. (b) Conclusiveness of findings of Secretary; re- mand; modified findings by Secretary; certifi- cation of record The findings of fact by the Secretary, if sup- ported by substantial evidence, shall be conclu- sive. The court may, for good cause shown, re- mand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. The Secretary shall certify to the court the record of any such fur- ther proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) Power of court to affirm or set aside action of Secretary; appeal to Supreme Court The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certifi- cation, as provided in section 1254 of title 28.