[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1386.111]

[Page 356-357]
 
                        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 D_Practice and Procedure for Hearings Pertaining to States' 
 Conformity and Compliance With Developmental Disabilities State Plans, 
                    Reports and Federal Requirements
 
Sec.  1386.111  Decisions following hearing.

    (a) If the Assistant Secretary is the presiding officer, he or she 
must issue a decision within 60 days after the time for submission of 
posthearing briefs has expired.
    (b)(1) If the presiding officer is a person designated by the 
Assistant Secretary, he or she must, within 30 days after the time for 
submission of posthearing briefs has expired, certify the entire record 
to the Assistant Secretary including recommended findings and proposed 
decision. The Assistant Secretary must serve a copy of the recommended 
findings and proposed decision upon all parties and amici.
    (2) Any party may, within 20 days, file exceptions to the 
recommended

[[Page 357]]

findings and proposed decision and supporting brief or statement with 
the Assistant Secretary.
    (3) The Assistant Secretary must review the recommended decision 
and, within 60 days of its issuance, issue his or her own decision.
    (c) If the Assistant Secretary concludes:
    (1) In the case of a hearing pursuant to sections 122, 127, or 142 
of the Act, that a State plan or the activities of the State's 
Protection and Advocacy System does not comply with Federal 
requirements, he or she shall also specify whether the State's payment 
or allotment for the fiscal year will not be authorized for the State or 
whether, in the exercise of his or her discretion, the payment or 
allotment will be limited to the parts of the State plan or the 
activities of the State's Protection and Advocacy System not affected by 
the noncompliance.
    (2) In the case of a hearing pursuant to section 127 of the Act that 
the State is not complying with the requirements of the State plan, he 
or she must also specify whether the State's payment or allotment will 
not be made available to the State or whether, in the exercise of his or 
her discretion, the payment or allotment will be limited to the parts of 
the State plan not affected by such noncompliance. The Assistant 
Secretary may ask the parties for recommendations or briefs or may hold 
conferences of the parties on these questions.
    (d) The decision of the Assistant Secretary under this section is 
the final decision of the Secretary and constitutes ``final agency 
action'' within the meaning of 5 U.S.C. 704 and the ``Secretary's 
action'' within the meaning of Section 129 of the Act (42 U.S.C. 6029). 
The Assistant Secretary's decision must be promptly served on all 
parties and amici.

[49 FR 11779, Mar. 27, 1984, as amended at 52 FR 44847, Nov. 20, 1987; 
61 FR 51162, Sept. 30, 1996]