[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: 45CFR1386.112]

[Page 407]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1386--FORMULA GRANT PROGRAMS--Table of Contents
 
  Subpart D--Practice and Procedure for Hearings Pertaining to States' 
 Conformity and Compliance With Developmental Disabilities State Plans, 
                    Reports and Federal Requirements
 
Sec. 1386.112  Effective date of decision by the Assistant Secretary.

    (a) If, in the case of a hearing pursuant to section 122 of the Act, 
the Assistant Secretary concludes that a State plan does not comply with 
Federal requirements, and the decision provides that the payment or 
allotment will be authorized but limited to parts of the State plan not 
affected by such noncompliance, the decision must specify the effective 
date for the authorization of the payment or allotment.
    (b) In the case of a hearing pursuant to sections 127 or 142 of the 
Act, if the Assistant Secretary concludes that the State is not 
complying with the requirements of the State plan or the activities of 
the State's Protection and Advocacy System do not comply with Federal 
requirements, the decision that further payments or allotments will not 
be made to the State, or will be limited to the parts of the State plan 
or activities of the State's Protection and Advocacy System not 
affected, must specify the effective date for withholding payments of 
allotments.
    (c) The effective date may not be earlier than the date of the 
decision of the Assistant Secretary and may not be later than the first 
day of the next calendar quarter.
    (d) The provision of this section may not be waived pursuant to 
Sec. 1386.84.

[49 FR 11779, Mar. 27, 1984, as amended 61 FR 51162, Sept. 30, 1996]