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42 USC § 11386e - Appeal procedure 

---
identifier: "/us/usc/t42/s11386e"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 11386e - Appeal procedure"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "11386e"
section_name: "Appeal procedure"
chapter_number: 119
chapter_name: "HOMELESS ASSISTANCE"
subchapter_number: "IV"
subchapter_name: "HOUSING ASSISTANCE"
part_number: "C"
part_name: "Continuum of Care Program"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 100–77, title IV, § 431, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1696.)"
---

# § 11386e. Appeal procedure

**(a)** **In general** section 11361 of this title

With respect to funding under this part, if certification of consistency with the consolidated plan pursuant to  is withheld from an applicant who has submitted an application for that certification, such applicant may appeal such decision to the Secretary.

**(b)** **Procedure** The Secretary shall establish a procedure to process the appeals described in subsection (a).

**(c)** **Determination** Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Secretary shall determine if certification was unreasonably withheld. If such certification was unreasonably withheld, the Secretary shall review such application and determine if such applicant shall receive funding under this part.

---

**Source Credit**: (Pub. L. 100–77, title IV, § 431, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1696.)

## Editorial Notes

### Prior Provisions

A prior  was classified to  prior to repeal by , , .

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the earlier of 18 months after , or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see , set out as an Effective Date of 2009 Amendment note under .