[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: 34CFR366.22]

[Page 363]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 366--CENTERS FOR INDEPENDENT LIVING--Table of Contents
 
Subpart C--Grants to Centers for Independent Living (Centers) in States 
             in Which Federal Funding Exceeds State Funding
 
Sec.  366.22  What is the order of priorities?

    (a) In accordance with a State's allotment and to the extent funds 
are available, the order of priorities for allocating funds among 
centers within a State is as follows:
    (1) Existing centers, as described in Sec.  366.23, that comply with 
the standards and assurances in section 725(b) and (c) of the Act and 
subparts F and G of this part first receive the level of funding each 
center received in the previous year. However, any funds received by an 
existing center to establish a new center at a different geographical 
location pursuant to proposed Sec.  366.2(b)(2) are not included in 
determining the level of funding to the existing center in any fiscal 
year that the new center applies for and receives funds as a separate 
center.
    (2) Existing centers that meet the requirements of paragraph (a)(1) 
of this section then receive a cost-of-living increase in accordance 
with procedures consistent with section 721(c)(3) of the Act.
    (3) New centers, as described in Sec.  366.2(b), that comply with 
the standards and assurances in section 725(b) and (c) of the Act and 
subparts F and G of this part.
    (b) If, after meeting the priorities in paragraphs (a)(1) and (2) of 
this section, there are insufficient funds under the State's allotment 
under section 721(c) and (d) of the Act to fund a new center under 
paragraph (a)(3) of this section, the Secretary may--
    (1) Use the excess funds in the State to assist existing centers 
consistent with the State plan; or
    (2) Reallot these funds in accordance with section 721(d) of the 
Act.

(Approved by the Office of Management and Budget under control number 
1820-0018)

(Authority: 29 U.S.C. 711(c) and 796f-1(e))