[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR364.12]

[Page 341]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 364--STATE INDEPENDENT LIVING SERVICES PROGRAM AND CENTERS FOR INDEPENDENT LIVING PROGRAM: GENERAL PROVISIONS--Table of Contents
 
            Subpart B--What Are the Application Requirements?
 
Sec.  364.12  How does the Secretary approve State plans?

    (a) General. The Secretary approves a State plan that the Secretary 
determines meets the requirements of section 704 of the Act and subparts 
B through D of this part and disapproves a plan that does not meet these 
requirements.
    (b) Informal resolution. If the Secretary intends to disapprove the 
State plan, the Secretary attempts to resolve disputed issues informally 
with State officials.
    (c) Notice of formal hearing. If, after reasonable effort has been 
made to resolve the dispute informally, no resolution has been reached, 
the Secretary provides written notice to the DSU and the SILC of the 
intention to disapprove the State plan and of the opportunity for a 
hearing.
    (d) Hearing. (1) If the DSU requests a hearing, the Secretary 
designates one or more individuals, either from the Department or 
elsewhere, not responsible for or connected with the Department's 
administration of the programs authorized by title VII of the Act, to 
conduct a hearing.
    (2) If more than one individual is designated, the Secretary 
designates one of those individuals as the Chief Hearing Official of the 
Hearing Panel. If one individual is designated, that individual is the 
Hearing Official.
    (e) Judicial review. A State may appeal the Secretary's decision to 
disapprove its State plan by filing a petition for review with the U.S. 
Court of Appeals for the circuit in which the State is located, in 
accordance with section 107(d) of the Act.

(Approved by the Office of Management and Budget under control number 
1820-0527)

(Authority: 29 U.S.C. 711(c) and 796d-1(a))