1. (a) General. Until the Board disposes of an appeal, the respondent shall take no action to implement the final decision appealed.

2. (b) Exceptions. The respondent may—

   1. (1) Suspend funding (see 2 CFR 200.339);
   2. (2) Defer or disallow other claims questioned for reasons also disputed in the pending appeal;
   3. (3) In programs listed in appendix A, B.(a)(1), to this part implement a decision to disallow Federal financial participation claimed in expenditures reported on a statement of expenditures, by recovering, withholding or offsetting payments, if the decision is issued before the reported expenditures are included in the calculation of a subsequent grant;
   4. (4) Take other action to recover, withhold, or offset funds if specifically authorized by statute or regulation; or
   5. (5) Take action to require a State to suspend procedural disenrollments, as defined at 42 CFR 430.5, or continue the accrual of the civil money penalties a State owes under 42 CFR 430.49(c).

[46 FR 43817, Aug. 31, 1981, as amended at 81 FR 3012, Jan. 20, 2016; 88 FR 84737, Dec. 6, 2023; 89 FR 80070, Oct. 2, 2024]