[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: 34CFR364.13]

[Page 341-342]
 
                           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.  364.13  Under what circumstances may funds be withheld, reduced, limited, or terminated?

    (a) When withheld, reduced, limited, or terminated. Payments to a 
State under chapter 1 of title VII of the Act may be withheld, reduced, 
limited, or terminated as provided by section 107(c) of the Act if the 
Secretary finds that--
    (1) The State plan has been so changed that it no longer conforms 
with the requirements of section 704 of the Act; or
    (2) In the administration of the State plan, there is a failure to 
comply substantially with any provision of the plan.
    (b) Informal resolution. If the Secretary intends to withhold, 
reduce, limit, or terminate payment of funds to a State under title VII 
of the Act as provided by section 107(c) of the Act, 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 SILC of the 
intention to withhold, reduce, limit, or terminate payment of funds 
under title VII of the Act and of the opportunity for a hearing.
    (d) Hearing. If the DSU requests a hearing, the Secretary designates 
an administrative law judge (ALJ) in the Office of Administrative Law 
Judges to conduct a hearing in accordance with the provisions of 34 CFR 
part 81, subpart A.
    (e) Initial decision. The ALJ issues an initial decision in 
accordance with 34 CFR 81.41.
    (f) Petition for review of an initial decision. The DSU may seek the 
Secretary's review of an ALJ's initial decision in accordance with 34 
CFR 81.42.
    (g) Review by the Secretary. The Secretary reviews an ALJ's initial 
decision in accordance with 34 CFR 81.43.

[[Page 342]]

    (h) Final decision of the Department. The ALJ's initial decision 
becomes the final decision of the Department in accordance with 34 CFR 
81.44.
    (i) Judicial review. A State may appeal the Secretary's final 
decision to withhold, reduce, limit, or terminate payment of funds to a 
State under title VII of the Act 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. 727(c)-(d) and 796d-1(a))