45 CFR 16.22 – 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.
Terms Used In 45 CFR 16.22
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Statute: A law passed by a legislature.
(b) Exceptions. The respondent may—
(1) Suspend funding (see § 75.371 of this title);
(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).