42 U.S.C. § 2991h — Appeals, notice, and hearing

Page 5650 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2991h L. 102–375, title VIII, § 822(9), Sept. 30, 1992, 106 Stat. 1298.) Editorial Notes PRIOR PROVISIONS A prior section 809 of Pub. L. 88–452 was renumbered section 810 and is classified to section 2991h of this title. AMENDMENTS 1992—Subsecs. (a), (b). Pub. L. 102–375 substituted ‘‘Commissioner’’ for ‘‘Secretary’’. § 2991h. Appeals, notice, and hearing (a) The Commissioner shall prescribe proce- dures to assure that— (1) financial assistance under this sub- chapter shall not be suspended, except in emergency situations, unless the assisted agency has been given reasonable notice and opportunity to show cause why such action should not be taken; and (2) financial assistance under this sub- chapter shall not be terminated, and applica- tion for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the assisted agency has been afforded reason- able notice and opportunity for a full and fair hearing. (b) If an application is rejected on the grounds that the applicant is ineligible or that activities proposed by the applicant are ineligible for fund- ing, the applicant may appeal to the Secretary, not later than 30 days after the date of receipt of notification of such rejection, for a review of the grounds for such rejection. On appeal, if the Secretary finds that an applicant is eligible or that its proposed activities are eligible, such eli- gibility shall not be effective until the next cycle of grant proposals are considered by the Administration. (Pub. L. 88–452, title VIII, § 810, formerly § 809, as added Pub. L. 93–644, § 11, Jan. 4, 1975, 88 Stat. 2326; renumbered § 810, Pub. L. 100–175, title V, § 502(3), Nov. 29, 1987, 101 Stat. 973; amended Pub. L. 102–375, title VIII, § 822(10), Sept. 30, 1992, 106 Stat. 1298.) Editorial Notes PRIOR PROVISIONS A prior section 810 of Pub. L. 88–452 was renumbered section 811 and is classified to section 2992 of this title. Another prior section 810 of Pub. L. 88–452, title VIII, as added Pub. L. 90–222, title I, § 110, Dec. 23, 1967, 81 Stat. 722, related to authority to establish full-time programs and was classified to section 2992 of this title, prior to repeal by Pub. L. 93–113, title VI, § 603, Oct. 1, 1973, 87 Stat. 417. AMENDMENTS 1992—Pub. L. 102–375 substituted ‘‘Commissioner’’ for ‘‘Secretary’’, designated existing provisions as subsec. (a), and added subsec. (b). § 2992. Evaluation of projects (a) Description and measurement of project im- pact, effectiveness, and structure and mecha- nisms for delivery of services; frequency of evaluations (1) The Commissioner shall provide, directly or through grants or contracts, for the evalua- tion of projects assisted under this subchapter including evaluations that describe and measure the impact of such projects, their effectiveness in achieving stated goals, their impact on re- lated programs, and their structure and mecha- nisms for delivery of services, including, where appropriate, comparisons with appropriate con- trol groups composed of persons who have not participated in such projects. Evaluations shall be conducted by persons not directly involved in the administration of the program or project evaluated. (2) The projects assisted under this subchapter shall be evaluated in accordance with this sec- tion not less frequently than at 3-year intervals. (b) General standards for evaluation Prior to obligating funds for the programs and projects covered by this subchapter with respect to fiscal year 1976, the Commissioner shall de- velop and publish general standards for evalua- tion of program and project effectiveness in achieving the objectives of this subchapter. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under this subchapter. (c) Independent evaluations In carrying out evaluations under this sub- chapter, the Commissioner may require agencies which receive assistance under this subchapter to provide for independent evaluations. (d) Specificity of views In carrying out evaluations under this sub- chapter, the Commissioner shall, whenever fea- sible, arrange to obtain the specific views of per- sons participating in and served by programs and projects assisted under this subchapter about such programs and projects. (e) Publication of results; submission to Con- gress The Commissioner shall publish the results of evaluative research and summaries of evalua- tions of program and project impact and effec- tiveness not later than ninety days after the completion thereof. The Commissioner shall submit to the appropriate committees of the Congress copies of all such research studies and evaluation summaries. (f) Evaluation results as United States property The Commissioner shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this subchapter shall become the property of the United States. (Pub. L. 88–452, title VIII, § 811, formerly § 810, as added Pub. L. 93–644, § 11, Jan. 4, 1975, 88 Stat. 2326; renumbered § 811, Pub. L. 100–175, title V, § 502(3), Nov. 29, 1987, 101 Stat. 973; amended Pub. L. 102–375, title VIII, § 822(11), Sept. 30, 1992, 106 Stat. 1298.) Editorial Notes PRIOR PROVISIONS A prior section 2992, Pub. L. 88–452, title VIII, § 810, as added Pub. L. 90–222, title I, § 110, Dec. 23, 1967, 81 Stat. 722, related to authority to establish full-time pro- grams, prior to repeal by Pub. L. 93–113, title VI, § 603, Oct. 1, 1973, 87 Stat. 417.