[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: 45CFR96.61]



[Page 511]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 96_BLOCK GRANTS--Table of Contents

 

                       Subpart F_Hearing Procedure

 

Sec.  96.61  Initiation of hearing.



    (a) A hearing is initiated by a notice of opportunity for hearing 

from the Department. The notice will:

    (1) Be sent by mail, telegram, telex, personal delivery, or any 

other mode of written communication;

    (2) Specify the facts and the action that are the subject of the 

opportunity for a hearing;

    (3) State that the notice of opportunity for hearing and the hearing 

are governed by these rules; and

    (4) State the time within which a hearing may be requested, and 

state the name, address, and telephone number of the Department employee 

to whom any request for hearing is to be addressed.

    (b) A State offered an opportunity for a hearing has the amount of 

time specified in the notice, which may not be less than 10 days after 

receipt of the notice, within which to request a hearing. The request 

may be filed by mail, telegram, telex, personal delivery, or any other 

mode of written communication, addressed to the designated Department 

employee. If no response is filed within that time, the offer is deemed 

to have been refused and no hearing will be held.

    (c) If a hearing is requested, the Department will designate a 

presiding officer, and (subject to Sec.  96.51 of this part) the hearing 

will take place at a time and location agreed upon by the State 

requesting the hearing, the Department, and the presiding officer or, if 

agreement cannot be reached, at a reasonable time and location 

designated by the presiding officer.