[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: 45CFR1386.31]



[Page 349]

 

                        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.  1386.31  State Plan submittal and approval.



    (a) The Council shall issue a public notice about the availability 

of the proposed State Plan or State Plan amendment(s) for comment. The 

Notice shall be published in formats accessible to individuals with 

developmental disabilities and the general public (e.g., tape, diskette, 

public forums, newspapers) and shall provide a 45 day period for public 

review and comment. The Council shall take into account comments 

submitted within that period and respond in the State Plan to 

significant comments and suggestions. A summary of the Council's 

response to State Plan comments shall be submitted with the State Plan 

and made available for public review. This document shall be made 

available in accessible formats upon request.

    (b) The State plan must be submitted to the appropriate Regional 

Office of the Department 45 days prior to the fiscal year for which it 

is applicable. Unless State law provides differently, the State plan and 

amendments or related documents must be approved by the Governor or the 

Governor's designee as may be required by any applicable Federal 

issuances.

    (c) Failure to submit an approvable State plan or amendment prior to 

the Federal fiscal years for which it is applicable may result in the 

loss of Federal financial participation. Costs resulting from 

obligations incurred during the period of the fiscal year for which an 

approved plan is not in effect are not eligible for Federal financial 

participation.

    (d) The Commissioner must approve any State plan or plan amendment 

provided it meets the requirements of the Act and these regulations.

    (e) Amendments to the State plan are required when substantive 

changes are contemplated in plan content.



[49 FR 11779, Mar. 27, 1984, as amended at 61 FR 51160, Sept. 30, 1996]