Page:United States Statutes at Large Volume 93.djvu/1216

 93 STAT. 1184

Limitations on approval.

Appeal.

Reconsideration.

State agency and eligible jurisdiction applications.

PUBLIC LAW 96-157—DEC. 27, 1979

amendments should conform to the overall priorities, unless the eligible jurisdiction's analysis of its criminal justice system demonstrates that such recommended priorities are inconsistent with their needs. Applications or amendments should conform to uniform administrative requirements for submission of applications. Such requirements shall be consistent with guidelines issued by the Administration. Such application or amendments shall be deemed approved unless the council, within ninety days of the receipt of such application or amendment, finds that the application or amendment— "(i) does not comply with Federal requirements or with State law or regulations; "(ii) is inconsistent with priorities and fails to establish, under guidelines issued by the Administration, good cause for such inconsistency; "(iii) conflicts with or duplicates programs or projects of another applicant under this title, or other Federal, State, or local supported programs or applications; or "(iv) proposes a program or project that is substantially identical to or is a continuation of a program or project which has been evaluated and found to be ineffective under section 404(c)(4). Where the council finds such noncompliance, inconsistency, conflict, or duplication, it shall notify the applicant in writing and set forth its reasons for the finding. "(B) The applicant may, within thirty days of receipt of written findings of the council pursuant to subparagraph (A) submit to the council a revised application or state in writing the applicant's reasons for disagreeing with the council's findings. "(C) A revised application submitted under subparagraph (B) shall be treated as an original application except that the council shall act on such application within thirty days. "(D) If an applicant states in writing a disagreement with the council's written findings as specified in subparagraph (A), the findings shall be considered appealed. The appeal shall be in accordance with a procedure developed by the council and reviewed and agreed to by the eligible jurisdiction. If any eligible jurisdiction in a State fails to agree with the council appeal process prior to application submission to the council, the appeal shall be in accordance with procedures developed by the Administration. The Administration appeal procedures shall provide that if the council's action is not supported by clear and convincing evidence or if the council acted arbitrarily or capriciously, the council shall be directed to reconsider or approve the application or amendment. "(E) Approval of the application of such eligible local jurisdiction shall result in the award of funds to such eligible jurisdiction without requirement for further application or review by the council. "(4) Applications from State agencies and eligible jurisdictions as defined in subsection (a)(5) must be in the manner and form proscribed by the council. Where the council determines under paragraph (1)(C) and (D) that an application or amendment from a State agency or an eligible jurisdiction as defined in subsection (a)(5)— "(A) does not comply with Federal requirements or with State law or regulation; "(B) is inconsistent with priorities, policy, organizational, or procedural arrangements, or the crime analysis; "(C) conflicts with or duplicates programs or projects of another applicant under this title, or other Federal, State, or local supported programs or applications; or

�