45 C.F.R. Subpart E—Hearing Procedures for State Agencies
Title 45 - Public Welfare
(a) Hearing procedures for State plan disapproval, as provided for in section 307(c) and section 307(d) of the Act are subject to the previsions of 45 CFR part 213 with the following exceptions: (1) Section 213.1(a); §213.32(d); and §213.33 do not apply. (2) Reference to SRS Hearing Clerk shall be read to mean HHS Hearing Clerk. (3) References to Administrator shall be read to mean Commissioner on Aging. (b) Instead of the scope described in §213.1(a), this subpart governs the procedures and opportunity for a hearing on: (1) Disapproval of a State plan or amendment: (2) Determination that a State agency does not meet the requirements of this part: (3) Determination that there is a failure in the provisions or the administration of an approved plan to comply substantially with Federal requirements, including failure to comply with any assurance required under the Act or under this part. (a) The Commissioner's decision specifies the effective date for AoA's reduction and withholding of the State's grant. This effective date may not be earlier than the date of the Commissioner's decision or later than the first day of the next calendar quarter. (b) The decision remains in effect unless reversed or stayed on judicial appeal, or until the agency or the plan is changed to meet all Federal requirements, except that the Commissioner may modify or set aside his or her decision before the record of the proceedings under this subpart is filed in court. A State may appeal the final decision of the Commissioner disapproving the State plan or plan amendment, finding of noncompliance, or finding that a State agency does not meet the requirements of this part to the U.S. Court of Appeals for the circuit in which the State is located. The State shall file the appeal within 30 days of the Commissioner's final decision. The Commissioner disburses funds withheld from the State directly to any public or nonprofit private organization or agency, or political subdivision of the State that has the authority and capacity to carry out the functions of the State agency and submits a State plan which meets the requirements of this part and which contains an agreement to meet the non-federal share requirements.
Title 45: Public Welfare
PART 1321—GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING
Subpart E—Hearing Procedures for State Agencies
§ 1321.77 Scope.
§ 1321.79 When a decision is effective.
§ 1321.81 How the State may appeal.
§ 1321.83 How the Commissioner may reallot the State's withheld payments.
