20 USC 7871 - Approval and disapproval of State plans

U.S Code last checked for updates: May 15, 2024

§ 7871.

Approval and disapproval of State plans

(a)

Approval

(b)

Disapproval process

(1)

In general

(2)

Notifications

If the Secretary finds that the plan is not in compliance, in whole or in part, with section 6611(d), 7113(c), or 7173 of this title, or part C, as applicable, the Secretary shall—

(A)

immediately notify the State of such determination;

(B)

provide a detailed description of the specific provisions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;

(C)

offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present supporting information to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable;

(D)

provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of such section or part, as applicable;

(E)

conduct a hearing within 30 days of the plan’s resubmission under subparagraph (C), unless a State declines the opportunity for such hearing; and

(F)

request additional information, only as to the noncompliant provisions, needed to make the plan compliant.

(3)

Response

(4)

Failure to respond

(c)

Limitation

(d)

Peer-review requirements

(Pub. L. 89–10, title VIII, § 8451, as added Pub. L. 114–95, title VIII, § 8014, Dec. 10, 2015, 129 Stat. 2107.)

cite as: 20 USC 7871