[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: 45CFR1386.36]



[Page 351-352]

 

                        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. 1386.36  Final disapproval of the State plan or plan amendments.



    The Department will disapprove any State plan or plan amendment only 

after the following procedures have been complied with:

    (a) The State plan has been submitted to the appropriate HHS 

Regional Office, and the Regional Office and State have been unable to 

resolve their differences.

    (b) The Regional Office has prepared a detailed written analysis of 

its reasons for recommending disapproval and has transmitted its 

analyses and all



[[Page 352]]



other relevant material to the Commissioner, and has provided the State 

Council and State agency with copies of the material.

    (c) The Commissioner, after review of the records and the 

recommendation of the Regional Office, has determined whether the State 

plan, in whole or in part, is not approvable. Notice of this 

determination has been sent to the State and contains appropriate 

references to the records, provisions of the statute and regulations, 

and all relevant interpretations of applicable laws and regulations. The 

notification of the decision must inform the State of its right to 

appeal in accordance with 45 CFR part 1386, subpart D.

    (d) The Commissioner's decision has been forwarded to the State 

Council and agency by certified mail with a return receipt requested.

    (e) A State has filed its request for a hearing with the Assistant 

Secretary within 21 days of the receipt of the decision. The request for 

a hearing must be sent by certified mail to the Assistant Secretary. The 

date of mailing the request is considered the date of filing if it is 

supported by independent evidence of mailing, otherwise the date of 

receipt shall be considered the date of filing.



[49 FR 11779, Mar. 27, 1984, as amended at 61 FR 51161, Sept. 30, 1996]