[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: 45CFR1386.34]



[Page 350-351]

 

                        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 C_Federal Assistance to State Developmental Disabilities 

                                Councils

 

Sec. 1386.34  Designated State Agency.



    (a) The Designated State Agency shall provide the required 

assurances and other support services as requested by and negotiated 

with the Council. These include:

    (1) Provision of financial reporting and other services as provided 

under section 124(d)(3)(C) of the Act; and

    (2) Information and direction, as appropriate, on procedures on the 

hiring, supervision and assignment of staff in accordance with State 

law.

    (b) If the State Developmental Disabilities Council requests a 

review by the Governor (or legislature) of the Designated State Agency, 

the Council must provide documentation of the reason for change and 

recommend a preferred Designated State Agency.

    (c) After the review is completed, a majority of the non-State 

agency members of the Council may appeal to the Assistant Secretary for 

a review of the designation of the designated State agency if the 

Council's independence as an advocate is not assured because of the 

actions or inactions of the designated State agency.

    (d) The following steps apply to the appeal of the Governor's (or 

legislature's) designation of the Designated State Agency.

    (1) Prior to an appeal to the Assistant Secretary, Administration 

for Children and Families, the State Developmental Disabilities Council, 

must give a 30 day written notice, by certified mail, to the Governor 

(or legislature) of the majority of non-State members' intention to 

appeal the designation of the Designated State Agency.

    (2) The appeal must clearly identify the grounds for the claim that 

the Council's independence as an advocate is not assured because of the 

actions or inactions of the designated State agency.

    (3) Upon receipt of the appeal from the State Developmental 

Disabilities Council, the Assistant Secretary will notify the State 

Developmental Disabilities Council and the Governor (or legislature), by 

certified mail, that the appeal has been received and will be acted upon 

within 60 days. The Governor (or legislature) shall within 10 working 

days from the receipt of the Assistant Secretary's notification provide 

written comments to the Assistant Secretary (with a copy sent by 

registered or certified mail to the Council) on the claims in the 

Council's appeal. Either party may request, and the Assistant Secretary 

may grant, an opportunity for an informal meeting with the Assistant 

Secretary at which representatives of both parties will present their 

views on the issues in the appeal. The meeting will be held within 20 

working days of the submission of written comments by the Governor (or 

legislature). The Assistant Secretary will promptly notify the parties 

of the date and place of the meeting.

    (4) The Assistant Secretary will review the issue(s) and provide a 

final written decision within 60 days following receipt of the State 

Developmental Disabilities Council's appeal. If the determination is 

made that the



[[Page 351]]



Designated State Agency should be redesignated, the Governor (or 

legislature) must provide written assurance of compliance within 45 days 

from receipt of the decision.

    (5) During any time of this appeals process the State Developmental 

Disabilities Council may withdraw such request if resolution has been 

reached with the Governor (or legislature) on the designation of the 

Designated State Agency. The Governor (or legislature) must notify the 

Assistant Secretary in writing of such an occurrence.

    (e) The designated State agency may authorize the Council use or 

contract with State agencies other than the designated State agency to 

perform functions of the designated State agency.



[61 FR 51160, Sept. 30, 1996]