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Appellate Division

Gavel and booksThe Appellate Division of the DAB provides staff support for the Board Members, who are career civil servants appointed by the Secretary to provide an impartial, independent review of disputes arising in a wide range of HHS programs. The Board's jurisdiction arises from the Board's "charter" at 45 C.F.R. Part 16, program statutes, regulations, and delegations by the Secretary or heads of HHS operating components.

The Board provides de novo review (which may include an evidentiary hearing) of certain types of final decisions of HHS operating components, such as:

  • Determinations in discretionary, project grant programs, including disallowances, terminations and denials of refunding, cost allocation plan disapprovals, and rate determinations; and
  • Determinations in mandatory grant programs, including disallowances of state claims under titles I, IV-A (Temporary Assistance for Needy Families), IV-D (Child Support Enforcement), IV-E (Foster Care and Adoption Assistance), X, XIV, XVI, XIX (Medicaid), and XXI (State Children's Health Insurance Program) of the Social Security Act.

The Board also provides appellate review of certain types of Administrative Law Judge (ALJ) decisions, which may be appealed by either party. These include most types of decisions of ALJs assigned to the DAB (described on the DAB Webpage under "Civil Remedies Division"), decisions of Food and Drug Administration ALJs regarding civil money penalties, and decisions of Department of the Interior ALJs in Indian Health Service contract/compact cases.

In most cases, the Board decision is the final administrative decision of HHS.