(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 § 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).
[46 FR 43817, Aug. 31, 1981, as amended at 81 FR 3012, Jan. 20, 2016; 88 FR 84737, Dec. 6, 2023]
authority: 5 U.S.C. 301 and secs. 1, 5, 6, and 7 of Reorganization Plan No. 1 of 1953, 18 FR 2053, 67 Stat. 631 and authorities cited in the Appendix
source: 46 FR 43817, Aug. 31, 1981, unless otherwise noted.
cite as: 45 CFR 16.22