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p• yy r � f , ►= iIT A3A TRUE COPY el3 iOFF CER7IF1CATi0N ON LAST PAGE J . R . SMITH, CLERK (2) The recipient submits an APR that HUD deems unacceptable or shows noncompliance with the requirements of the grant and this part. § 578 .35 Appeal. - (a) In general. Failure to follow the procedures or meet the deadlines established in this section will result in denial of the appeal. (b) Solo applicants. ( 1 ) Who may appeal. Nonprofits; States, and local governments, and instrumentalities of State or local governments that attempted to participate in the Continuum of Care planning process in the geographic area in which they operate, that believe they were denied the right to participate in a reasonable manner, and that submitted a solo application for funding by the application deadline established. in the NOFA,. may appeal the decision of the Continuum to HUD. (2) Notice of intent to appeal. The solo `applicant must submit a written notice of intent to appeal, with a copy' to the Continuum, with their funding application: (3) Deadline for submitting proof. No later than 30 days after the date that HUD announces the awards, the solo applicant shall submit in writing, with a copy to the Continuum, all relevant evidence supporting its claim, in such manner as HUD may require by Notice. (4) Response from the Continuum of Care: The Continuum shall have 30 days from the date of its receipt of the solo applicant's evidence to respond to HUD in writing and in such manner as HUD may require, with a copy to the solo applicant. (5) Decision. HUD will notify the solo applicant and the Continuum of its decision within 60 days of receipt of the Continuum's response. (6) Funding. If HUD finds that the solo applicant was not permitted to participate in the Continuum of Care planning process in a reasonable manner, then HUD may award a grant to the solo applicant when funds next become available and may direct the Continuum of Care to -take remedial steps to ensure reasonable participation in the future. HUD may also reduce the award to the Continuum's applicant(s). (c) Denied or decreased funding. ( 1 ) Who may appeal. Eligible applicants that are denied funds by HUD, For that requested more funds than HUD awarded to them, may appeal the award by filing a written appeal, in such form and manner as HUD may require by Notice, within 45 days of the date of HUD`s announcement of the award. (2) Decision. HUD will notify the applicant of its decision on the appeal within 60 days of HUD's receipt of the written appeal. HUD will reverse a decision only when the applicant can show that HUD error caused the denial ar decrease. (3) Funding. Awards and increases to awards made upon appeal will be made from next available funds. (d) Competing , Continuums of Care. ( 1 ) In general. If more than one Continuum of Care claims the same geographic area, HUD will award funds to the Continuum applicant(s) whose application(s) has the highest total score. No projects -will be funded from the lower scoring Continuum. No projects that are submitted in two or more competing Continuum of Care applications will be funded. i.. (2) Who may appeal. The designated applicant(s) for the lower scoring Continuum may appeal HUD's decision to fund the application(s) from the competing Continuum by filing a written appeal, in such form and manner as HUD may require by Notice, within 45 days of the date of HUD's announcement of the award.