[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1321.77]



[Page 221]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1321_GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING--Table of Contents

 

             Subpart E_Hearing Procedures for State Agencies

 

Sec.  1321.77  Scope.





    (a) Hearing procedures for State plan disapproval, as provided for 

in section 307(c) and section 307(d) of the Act are subject to the 

previsions of 45 CFR part 213 with the following exceptions:

    (1) Section 213.1(a); Sec.  213.32(d); and Sec.  213.33 do not 

apply.

    (2) Reference to SRS Hearing Clerk shall be read to mean HHS Hearing 

Clerk.

    (3) References to Administrator shall be read to mean Commissioner 

on Aging.

    (b) Instead of the scope described in Sec.  213.1(a), this subpart 

governs the procedures and opportunity for a hearing on:

    (1) Disapproval of a State plan or amendment:

    (2) Determination that a State agency does not meet the requirements 

of this part:

    (3) Determination that there is a failure in the provisions or the 

administration of an approved plan to comply substantially with Federal 

requirements, including failure to comply with any assurance required 

under the Act or under this part.