[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: 45CFR1386.31]

[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]