Title 42 — The Public Health and Welfare
Part A · Chapter 81 — Energy Conservation and Resource Renewal
§ 6868. Approval of application or amendment for financial assistance; administrative procedures applicable
Statutory text
The Secretary shall not finally disapprove any application submitted under this part, or any amendment thereto, without first affording the State (or unit of general purpose local government or community action agency under section 6863(c) of this title, as appropriate) in question, as well as other interested parties, reasonable notice and an opportunity for a public hearing. The Secretary may consolidate into a single hearing the consideration of more than one such application for a particular fiscal year to carry out projects within a particular State. Whenever the Secretary, after reasonable notice and an opportunity for a public hearing, finds that there is a failure to comply substantially with the provisions of this part or regulations promulgated under this part, he shall notify the agency or institution involved and other interested parties that such State (or unit of general purpose local government or agency, as appropriate) will no longer be eligible to participate in the program under this part until the Secretary is satisfied that there is no longer any such failure to comply.
Reasonable notice under this section shall include a written notice of intention to act adversely (including a statement of the reasons therefor) and a reasonable period of time within which to submit corrective amendments to the application, or to propose corrective action.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Energy Conservation in Existing Buildings Act of 1976
Pub. L. 94–385 title IV § 418 · 90 Stat. 1125
Enacted · 42 U.S.C. § 6868
Pub. L. 94–385, title IV, § 418, Aug. 14, 1976, 90 Stat. 1157
Source evidence
Code source credit
Pub. L. 94–385, title IV, § 418, Aug. 14, 1976, 90 Stat. 1157Enacted provision · exact public law section
Sec. 418. approval of applications and administration of state programs (a) The Administrator shall not finally disapprove any Notice and hearing. 42 USC 6868. application submitted under this part, or any amendment thereto, without first affording the State (or unit of general purpose local government or community action agency under section 413(c), as appropriate) in question, as well as other interested parties, reasonable notice and an opportunity for a public hearing. The Administrator may consolidate into a single hearing the consideration of more than one such application for a particular fiscal year to carry out projects within a particular State. Whenever the Administrator, after reasonable notice and an opportunity for a public hearing, finds that there is a failure to comply substantially with the provisions of this part or regulations promulgated under this part, he shall notify the agency or institution involved and other interested parties that such State (or unit of genera] purpose local government or agency, as appropriate) will no longer be eligible to participate in the program under this part until the Administrator is satisfied that there is no longer any such failure to comply. (b) Reasonable notice under this section shall include a written notice of intention to act adversely (including a statement of the reasons therefor) and a reasonable period of time within which to submit corrective amendments to the application, or to propose corrective action.Energy Security Act
Pub. L. 96–294 title V § 577(2) · 94 Stat. 611
Substituted · 42 U.S.C. § 6868(a)
Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.Enacted provision · exact public law section
(2) by striking out “Administrator” each time it appears therein and inserting in lieu thereof “Secretary”; and
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1980—Subsec. (a). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.
Credits
1976–1980 · 2 acts
- 1976Pub. L. 94–385, title IV, § 418, , 90 Stat. 1157
- 1980Pub. L. 96–294, title V, § 577(2), , 94 Stat. 760.
Show as published
(Pub. L. 94–385, title IV, § 418, , 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), , 94 Stat. 760.)