[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: 45CFR1355.39]



[Page 281]

 

                        TITLE 45--PUBLIC WELFARE

 

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

                           AND HUMAN SERVICES

 

PART 1355_GENERAL--Table of Contents

 

Sec.  1355.39  Administrative and judicial review.



    States determined not to be in substantial conformity with titles 

IV-B and IV-E State plan requirements, or a State or entity in violation 

of section 471(a)(18) of the Act:

    (a) May appeal, pursuant to 45 CFR part 16, the final determination 

and any subsequent withholding of, or reduction in, funds to the HHS 

Departmental Appeals Board within 60 days after receipt of a notice of 

nonconformity described in Sec.  1355.36(e)(1) of this part, or receipt 

of a notice of noncompliance by ACF as described in Sec.  1355.38(a)(3) 

of this part; and

    (b) Will have the opportunity to obtain judicial review of an 

adverse decision of the Departmental Appeals Board within 60 days after 

the State or entity receives notice of the decision by the Board. 

Appeals of adverse Department Appeals Board decisions must be made to 

the district court of the United States for the judicial district in 

which the principal or headquarters office of the agency responsible for 

administering the program is located.

    (c) The procedure described in paragraphs (a) and (b) of this 

section will not apply to a finding that a State or entity has been 

determined to be in violation of section 471(a)(18) which is based on a 

judicial decision.



[65 FR 4083, Jan. 25, 2000]