[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: 45CFR1386.34]

[Page 350-351]
 
                        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.  1386.34  Designated State Agency.

    (a) The Designated State Agency shall provide the required 
assurances and other support services as requested by and negotiated 
with the Council. These include:
    (1) Provision of financial reporting and other services as provided 
under section 124(d)(3)(C) of the Act; and
    (2) Information and direction, as appropriate, on procedures on the 
hiring, supervision and assignment of staff in accordance with State 
law.
    (b) If the State Developmental Disabilities Council requests a 
review by the Governor (or legislature) of the Designated State Agency, 
the Council must provide documentation of the reason for change and 
recommend a preferred Designated State Agency.
    (c) After the review is completed, a majority of the non-State 
agency members of the Council may appeal to the Assistant Secretary for 
a review of the designation of the designated State agency if the 
Council's independence as an advocate is not assured because of the 
actions or inactions of the designated State agency.
    (d) The following steps apply to the appeal of the Governor's (or 
legislature's) designation of the Designated State Agency.
    (1) Prior to an appeal to the Assistant Secretary, Administration 
for Children and Families, the State Developmental Disabilities Council, 
must give a 30 day written notice, by certified mail, to the Governor 
(or legislature) of the majority of non-State members' intention to 
appeal the designation of the Designated State Agency.
    (2) The appeal must clearly identify the grounds for the claim that 
the Council's independence as an advocate is not assured because of the 
actions or inactions of the designated State agency.
    (3) Upon receipt of the appeal from the State Developmental 
Disabilities Council, the Assistant Secretary will notify the State 
Developmental Disabilities Council and the Governor (or legislature), by 
certified mail, that the appeal has been received and will be acted upon 
within 60 days. The Governor (or legislature) shall within 10 working 
days from the receipt of the Assistant Secretary's notification provide 
written comments to the Assistant Secretary (with a copy sent by 
registered or certified mail to the Council) on the claims in the 
Council's appeal. Either party may request, and the Assistant Secretary 
may grant, an opportunity for an informal meeting with the Assistant 
Secretary at which representatives of both parties will present their 
views on the issues in the appeal. The meeting will be held within 20 
working days of the submission of written comments by the Governor (or 
legislature). The Assistant Secretary will promptly notify the parties 
of the date and place of the meeting.
    (4) The Assistant Secretary will review the issue(s) and provide a 
final written decision within 60 days following receipt of the State 
Developmental Disabilities Council's appeal. If the determination is 
made that the

[[Page 351]]

Designated State Agency should be redesignated, the Governor (or 
legislature) must provide written assurance of compliance within 45 days 
from receipt of the decision.
    (5) During any time of this appeals process the State Developmental 
Disabilities Council may withdraw such request if resolution has been 
reached with the Governor (or legislature) on the designation of the 
Designated State Agency. The Governor (or legislature) must notify the 
Assistant Secretary in writing of such an occurrence.
    (e) The designated State agency may authorize the Council use or 
contract with State agencies other than the designated State agency to 
perform functions of the designated State agency.

[61 FR 51160, Sept. 30, 1996]