[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR96.51]



[Page 510]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 96_BLOCK GRANTS--Table of Contents

 

                          Subpart E_Enforcement

 

Sec.  96.51  Hearings.



    (a) The Department will order a State to repay amounts found not to 

have been expended in accordance with law of the certifications provided 

by the State only after the Department has provided the State notice of 

the order and an opportunity for a hearing. Opportunity for a hearing 

will not be provided, however, when the State, in resolving audit 

findings or at another time, has agreed that the amounts were not 

expended in accordance with law or the certifications. The hearing will 

be governed by Subpart F of this part and will be held in the State if 

required by statute.

    (b) If a State refuses to repay amounts after a final decision that 

is not subject to further review in the Department, the amounts may be 

offset against payments to the State. If a statute requires an 

opportunity for a hearing before such an offset may be made, the hearing 

will be governed by Subpart F of this part and will be held in the State 

if required by statute.

    (c) The Department will withhold funds from a State only if the 

Department has provided the State an opportunity for a hearing. The 

hearing will be governed by Subpart F of this part and will be held in 

the State if required by statute.



[47 FR 29486, July 6, 1982, as amended at 52 FR 37967, Oct. 13, 1987]