[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1355.39]

[Page 331]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1355--GENERAL--Table of Contents
 
Sec. 1355.39  Administrative and judicial review.

    States determined not to be in substantial conformity with titles 
IV-B and IV-E State plan requirements, or a State or entity in violation 
of section 471(a)(18) of the Act:
    (a) May appeal, pursuant to 45 CFR part 16, the final determination 
and any subsequent withholding of, or reduction in, funds to the HHS 
Departmental Appeals Board within 60 days after receipt of a notice of 
nonconformity described in Sec. 1355.36(e)(1) of this part, or receipt 
of a notice of noncompliance by ACF as described in Sec. 1355.38(a)(3) 
of this part; and
    (b) Will have the opportunity to obtain judicial review of an 
adverse decision of the Departmental Appeals Board within 60 days after 
the State or entity receives notice of the decision by the Board. 
Appeals of adverse Department Appeals Board decisions must be made to 
the district court of the United States for the judicial district in 
which the principal or headquarters office of the agency responsible for 
administering the program is located.
    (c) The procedure described in paragraphs (a) and (b) of this 
section will not apply to a finding that a State or entity has been 
determined to be in violation of section 471(a)(18) which is based on a 
judicial decision.

[65 FR 4083, Jan. 25, 2000]