Scheme Nickname: 
Adjudication of grant-related disputes/enforcement actions

Informal process for adjudication of most pre-award and post-award assistance agreement (e.g., grant, cooperative agreement) disputes or enforcement actions by EPA (except competitive assistance agreements) involving governmental entities, colleges, hospitals, and other non-profit entities receiving agency monies. Enforcement actions may range from temporary withholding of payments to suspension or termination. (See 40 CFR Part 30 & Part 31, Subpart F).

These uniform administrative requirements and enforcement procedures are applicable to a wide range of EPA grants/agreements, including: environmental program grants to state/local/tribal governments (e.g., construction of water treatment works; protection and restoration of publicly-owned freshwater lakes; establishment of state revolving funds for water pollution control, drinking water, or Superfund actions) (Part 35); research and demonstration grants (Part 40); training assistance (Part 45); and, National Environmental Eduction Act grants (Part 47).

Adjudication Levels: 
LevelName of OfficeSub-Agency/Bureau/Division:Are administrative appeals permitted from final decisions at this stage?
Hearing Level
Yes (All Types of Cases)
Appeal Level 1
Office of Administration and Resources Management
Comments/Notes on Adjudication Structure: 
The adjudicators serving as the "Disputes Decision Official" (DDO) and "Review Official" depends on the locus of the challenged agency decision. EPA Headquarters officials serve as adjudicators on cases arising from agreements awarded by a Headquarters program office. For assistance agreements awarded at the regional level, adjudicators are EPA regional officials. EPA regulations provide that grant-related "[disagreements should be resolved at the lowest level possible." (40 CFR 31.70(a)).
Types of Adjudication: 
Type B
Verified by Agency: 
Not verified
Is this a Major Adjudication: