[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: 45CFR1386.1]



[Page 339-340]

 

                        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 A_Basic Requirements

 

Sec. 1386.1  General.









                      Subpart A_Basic Requirements



Sec.

1386.1 General.

1386.2 Obligation of funds.

1386.3 Liquidation of obligations.

1386.4 [Reserved]



  Subpart B_State System for Protection and Advocacy of the Rights of 

              Individuals with Developmental Disabilities.



1386.19 Definitions.

1386.20 Designated State Protection and Advocacy agency.

1386.21 Requirements and authority of the Protection and Advocacy 

          System.

1386.22 Access to records, facilities and individuals with developmental 

          disabilities.

1386.23 Periodic reports: Protection and Advocacy System.

1386.24 Non-allowable costs for the Protection and Advocacy System.

1386.25 Allowable litigation costs.



    Subpart C_Federal Assistance to State Developmental Disabilities 

                                Councils.



1386.30 State plan requirements.

1386.31 State Plan submittal and approval.

1386.32 Periodic reports: Federal assistance to State Developmental 

          Disabilities Councils.

1386.33 Protection of employees' interest.

1386.34 Designated State Agency.

1386.35 Allowable and non-allowable costs for Federal Assistance to 

          State Developmental Disabilities Councils.

1386.36 Final disapproval of the State plan or plan amendments.



   Subpart D_Practice and Procedure for Hearing Pertaining to States' 

 Conformity and Compliance with Developmental Disabilities State Plans, 

                    Reports and Federal Requirements



                                 General



1386.80 Definitions.

1386.81 Scope of rules.

1386.82 Records to be public.

1386.83 Use of gender and number.

1386.84 Suspension of rules.

1386.85 Filing and service of papers.



                 Preliminary Matters--Notice and Parties



1386.90 Notice of hearing or opportunity for hearing.

1386.91 Time of hearing.

1386.92 Place.

1386.93 Issues at hearing.

1386.94 Request to participate in hearing.



                           Hearing Procedures



1386.100 Who presides.

1386.101 Authority of presiding officer.

1386.102 Rights of parties.

1386.103 Discovery.

1386.104 Evidentiary purpose.

1386.105 Evidence.

1386.106 Exclusion from hearing for misconduct.

1386.107 Unsponsored written material.

1386.108 Official transcript.

1386.109 Record for decision.



                    Posthearing Procedures, Decisions



1386.110 Posthearing briefs.

1386.111 Decisions following hearing.

1386.112 Effective date of decision by the Assistant Secretary.



    Authority: 42 U.S.C. 6000 et. seq.



    Source: 49 FR 11779, Mar. 27, 1984, unless otherwise noted.



[[Page 340]]







    All rules under this subpart are applicable to both the State 

Developmental Disabilities Councils and the Protection and Advocacy 

Agencies.



[49 FR 11779, Mar. 27, 1984, as amended at 61 FR 51155, Sept. 30, 1996]