[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: 34CFR370.11]

[Page 395-396]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 370--CLIENT ASSISTANCE PROGRAM--Table of Contents
 
          Subpart B--What Requirements Apply to Redesignation?
 
Sec.  370.11  What requirements apply to a notice of proposed redesignation?

    (a) Prior to any redesignation of the agency that conducts the CAP, 
the Governor shall give written notice of the proposed redesignation to 
the designated agency, the State Rehabilitation Advisory Council (SRAC), 
and the State Independent Living Council (SILC) and publish a public 
notice of the Governor's intention to redesignate. Both the notice to 
the designated agency, the SRAC, and the SILC and the public notice must 
include, at a minimum, the following:
    (1) The Federal requirements for the CAP (section 112 of the Act).
    (2) The goals and function of the CAP.
    (3) The name of the current designated agency.
    (4) A description of the current CAP and how it is administered.
    (5) The reason or reasons for proposing the redesignation, including 
why the Governor believes good cause exists for the proposed 
redesignation.
    (6) The effective date of the proposed redesignation.
    (7) The name of the agency the Governor proposes to administer the 
CAP.
    (8) A description of the system that the redesignated (i.e., new) 
agency would administer.
    (b) The notice to the designated agency must--
    (1) Be given at least 30 days in advance of the Governor's written 
decision to redesignate; and

[[Page 396]]

    (2) Advise the designated agency that it has at least 30 days from 
receipt of the notice of proposed redesignation to respond to the 
Governor and that the response must be in writing.
    (c) The notice of proposed redesignation must be published in a 
place and manner that provides the SRAC, the SILC, individuals with 
disabilities or their representatives, and the public with at least 30 
days to submit oral or written comments to the Governor.
    (d) Following public notice, public hearings concerning the proposed 
redesignation must be conducted in an accessible format that provides 
individuals with disabilities or their representatives an opportunity 
for comment. The Governor shall maintain a written public record of 
these hearings.
    (e) The Governor shall fully consider any public comments before 
issuing a written decision to redesignate.

(Approved by the Office of Management and Budget under control number 
1820-0520)

(Authority: 29 U.S.C. 711(c) and 732(c)(1)(B))