45 C.F.R. § 16.22

Current through October 31, 2024
Section 16.22 - [Effective 10/1/2025] The effect of an appeal
(a)General. Until the Board disposes of an appeal, the respondent shall take no action to implement the final decision appealed.
(b)Exceptions. The respondent may-
(1) Suspend funding (see 2 CFR 200.339);
(2) Defer or disallow other claims questioned for reasons also disputed in the pending appeal;
(3) In programs listed in appendix A, B.(a)(1), to this part implement a decision to disallow Federal financial participation claimed in expenditures reported on a statement of expenditures, by recovering, withholding or offsetting payments, if the decision is issued before the reported expenditures are included in the calculation of a subsequent grant;
(4) Take other action to recover, withhold, or offset funds if specifically authorized by statute or regulation; or
(5) Take action to require a State to suspend procedural disenrollments, as defined at 42 CFR 430.5 , or continue the accrual of the civil money penalties a State owes under 42 CFR 430.49(c) .

45 C.F.R. §16.22

46 FR 43817, Aug. 31, 1981, as amended at 81 FR 3012 , Jan. 20, 2016; 88 FR 84737 , Dec. 6, 2023
88 FR 84737 , 12/6/2023; 89 FR 80070 , 10/1/2025