[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: 45CFR1386.112]



[Page 357]

 

                        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]