[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: 45CFR1386.81]



[Page 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 D_Practice and Procedure for Hearings Pertaining to States' 

 Conformity and Compliance With Developmental Disabilities State Plans, 

                    Reports and Federal Requirements

 

Sec. 1386.81  Scope of rules.



    (a) The rules of procedures in this subpart govern the practice for 

hearings afforded by the Department to States pursuant to sections 122, 

127 and 142 of the Act. (42 U.S.C. 6022, 6027 and 6042).

    (b) Nothing in this part is intended to preclude or limit 

negotiations between the Department and the State, whether before, 

during, or after the hearing to resolve the issues which are, or 

otherwise would be, considered at the hearing. Negotiations, and 

resolution of issues are not part of the hearing, and are not governed 

by the rules in this subpart, except as otherwise provided in this 

subpart.



[49 FR 11779, Mar. 27, 1984, as amended at 52 FR 44847, Nov. 20, 1987]