[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1321.31]



[Page 212]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1321_GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING--Table of 

Contents

 

                 Subpart B_State Agency Responsibilities

 

Sec. 1321.31  Appeal to Commissioner.



    This section sets forth the procedures the Commissioner follows for 

providing hearings to applicants for designation as a planning and 

service area, under Sec. 1321.29(a), whose application is denied by the 

State agency.

    (a) Any applicant for designation as a planning and service area 

under Sec. 1321.29(a) whose application is denied, and who has been 

provided a hearing and a written decision by the State agency, may 

appeal the denial to the Commissioner in writing within 30 days 

following receipt of a State's hearing decision.

    (b) The Commissioner, or the Commissioner's designee, holds a 

hearing, and issues a written decision, within 60 days following receipt 

of an applicant's written request to appeal the State agency hearing 

decision to deny the applicant's request under Sec. 1321.29(a).

    (c) When the Commissioner receives an appeal, the Commissioner 

requests the State Agency to submit:

    (1) A copy of the applicant's application for designation as a 

planning and service area;

    (2) A copy of the written decision of the State; and

    (3) Any other relevant information the Commissioner may require.

    (d) The procedures for the appeal consist of:

    (1) Prior written notice to the applicant and the State agency of 

the date, time and location of the hearing;

    (2) The required attendance of the head of the State agency or 

designated representatives;

    (3) An opportunity for the applicant to be represented by counsel or 

other representative; and

    (4) An opportunity for the applicant to be heard in person and to 

present documentary evidence.

    (e) The Commissioner may:

    (1) Deny the appeal and uphold the decision of a State agency;

    (2) Uphold the appeal and require a State agency to designate the 

applicant as a planning and service area; or

    (3) Take other appropriate action, including negotiating between the 

parties or remanding the appeal to the State agency after initial 

findings.

    (f) The Commissioner will uphold the decision of the State agency if 

it followed the procedures specified in Sec. 1321.29, and the hearing 

decision is not manifestly inconsistent with the purpose of this part.

    (g) The Commissioner's decision to uphold the decision of a State 

agency does not extend beyond the period of the approved State plan.