![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 45 - Public Welfare |
![]() |
Subtitle B - Regulations Relating to Public Welfare |
![]() |
Chapter XIII - Administration for Children and Families, Department of Health and Human Services |
![]() |
SubChapter I - The Administration on Intellectual and Developmental Disabilities, Developmental Disabilities Program |
![]() |
Part 1386 - FORMULA GRANT PROGRAMS |
![]() |
Subpart E - Practice and Procedure for Hearings Pertaining to States' Conformity and Compliance With Developmental Disabilities State Plans, Reports, and Federal Requirements |
§ 1386.112 - Effective date of decision by the Secretary.
-
(a) If, in the case of a hearing pursuant to section 124 of the Act, the Secretary, or his or her designee, concludes that a State plan does not comply with Federal requirements, and the decision provides that the payment or allotment will be authorized but limited to parts of the State plan not affected by such noncompliance, the decision must specify the effective date for the authorization of the payment or allotment.
(b) In the case of a hearing pursuant to sections 127 or 143 of the Act, if the Secretary, or his or her designee, concludes that the State is not complying with the requirements of the State plan or if the activities of the State's Protection and Advocacy System do not comply with Federal requirements, the decision that further payments or allotments will not be made to the State, or will be limited to the parts of the State plan or activities of the State Protection and Advocacy System not affected, must specify the effective date for withholding payments or allotments.
(c) The effective date may not be earlier than the date of the decision of the Secretary, or his or her designee, and may not be later than the first day of the next calendar quarter.
(d) The provision of this section may not be waived pursuant to §1386.84.