[Federal Register Volume 60, Number 212 (Thursday, November 2, 1995)]
[Notices]
[Pages 55718-55719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27239]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families; Appeal
AGENCY: Administration for Children and Families (ACF), HHS.
ACTION: Notice of appeal.
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SUMMARY: By designation of the Administration for Children and
Families, a member of the Departmental Appeals Board will be presiding
officer for an appeal pursuant to 45 CFR Part 213 concerning the
Administration for Children and Families' disapproval of a State plan
amendment submitted by the State of Ohio.
The State of Ohio and the Administration for Children and Families
have agreed that there are no disputed issues of fact, and that an in-
person evidentiary hearing is unnecessary. The presiding officer
therefore proposes to consider the appeal based on written briefs
without convening an in-person evidentiary hearing.
REQUESTS TO PARTICIPATE: Requests to participate as a party or as an
amicus curiae must be submitted to the Departmental Appeals Board in
the form specified at 45 CFR 213.15 within fifteen days after this
publication.
FOR FURTHER INFORMATION CONTACT: Carolyn Reines-Graubard, Departmental
Appeals Board, Department of Health and Human Services, Room 637-D,
Hubert H. Humphrey Building, 200 Independence Avenue, S.W., Washington,
D.C. 20201. Telephone Number: (202) 690-8014.
SUPPLEMENTARY INFORMATION: Notice of appeal is hereby given as set
forth in the following letter, which has been sent to the State of
Ohio.
Washington, D.C., [date]
Karen Lazorishak
Assistant Attorney General
30 East Broad Street
26th Floor
Columbus, Ohio 43215-3428
Sheila Swanson
Assistant Regional Counsel
[[Page 55719]]
Office of the General Counsel
DHHS--Region V
105 West Adams Street, 19th Floor
Chicago, Illinois 60603
Dear Counsel: This letter is in response to the State of Ohio
Department of Human Services' request for reconsideration, dated
December 1, 1994, of the Administration for Children and Families'
(ACF) disapproval of the State's proposed amendment to its plan for
implementing title IV-A of the Social Security Act (Aid to Families
with Dependent Children, or AFDC) submitted as Transmittal #94-AFDC-
01.
Section 402(a)(22) of the Social Security Act requires a state
to promptly take all necessary steps to correct any overpayment of
aid under the State plan. The section specifically provides that in
the case of an overpayment ``to an individual who is a current
recipient of such aid * * * , recovery will be made by repayment by
the individual or by reducing the amount of any future aid payable
to the family of which he is a member * * *.'' The section also
provides that, in the case of an overpayment to an individual who is
no longer receiving aid, ``recovery shall be made by appropriate
action under State law against the income or resources of the
individual or the family.''
The implementing regulations provide in pertinent part that
``[t]he State must take all reasonable steps necessary to promptly
correct any overpayment * * *.'' 45 C.F.R. 233.20(a)(13)(i)(A). The
regulations further provide that ``[t]he State shall recover an
overpayment from (1) the assistance unit which was overpaid, or (2)
any assistance unit of which a member of the overpaid assistance
unit has subsequently become a member, or (3) any individual members
of the overpaid assistance unit whether or not currently a
recipient.'' Section 233.20(a)(13)(i)(B). In addition, the
regulations provide that ``[a] State must take one of the following
three actions by the end of the quarter following the quarter in
which the overpayment is first identified: (1) Recover the
overpayment, (2) initiate action to locate and/or recover the
overpayment from a former recipient, or (3) execute a monthly
recovery agreement from a current recipient's grant or income/
resources.'' Section 233.20(a)(13)(i)(E).
In Transmittal #94-AFDC-01, the State proposed to amend its
State plan to bar recovery of AFDC overpayments from children in
assistance units that do not include any of the caretakers who
actually received the overpayment. The State defined the term
``children'' to include adults who were dependent children at the
time the original overpayment occurred. ACF disapproved the proposed
plan amendment on the ground that the statute and regulations do not
permit a state to categorically exclude any of the sources of
recovery specified in the regulations.
I have designated Donald F. Garrett, a Departmental Appeals
Board Member, as the presiding officer pursuant to 45 C.F.R. 213.21.
ACF and the State are now parties in this matter. 45 C.F.R.
213.15(a). ACF and the State have agreed that there are no disputed
issues of fact, and that an in-person evidentiary hearing is not
necessary to resolve the State's request for reconsideration.
Accordingly, the parties have requested that the appeal be decided
based on their written submissions.
A copy of this letter will appear as a Notice in the Federal
Register. Any person wishing to request recognition as a party may
file a petition pursuant to 45 C.F.R. 213.15(b) with the
Departmental Appeals Board within 15 days after that notice has been
published. A copy of the petition should be served on each party of
record at that time. The petition must explain how the issues to be
considered have caused petitioner injury and how petitioner's
interest is within the zone of interests to be protected by the
governing federal statute. 45 C.F.R. 213.15(b)(1). In addition, the
petition must concisely state petitioner's interest in the
proceeding, who will represent petitioner, and the issues on which
petitioner wishes to participate. 45 C.F.R. 213.15(b)(2).
Additionally, if petitioner believes that there are disputed issues
of fact which require an in-person evidentiary hearing, the
petitioner should concisely specify the disputed issues of fact in
the petition, and also state whether petitioner intends to present
witnesses. Any party may, within five days of receipt of such
petition, file comments thereon; the presiding officer will
subsequently issue a ruling on whether and on what basis
participation will be permitted.
Any interested person or organization wishing to participate as
amicus curiae may also file a petition with the Departmental Appeals
Board which shall conform to the requirements of 45 C.F.R.
213.15(c)(1). The petition should be filed within 15 days after this
notice. The petition should specify the nature of the participation
desired. The presiding officer will subsequently issue a ruling on
the petition. The Ohio State Legal Services Association has already
requested and been granted permission to participate as amicus
curiae in this case and has presented its arguments on the merits of
the case in writing.
Any submissions or correspondence regarding this matter should
be filed in an original and two copies with Mr. Garrett at the
Departmental Appeals Board, Room 635-D, Hubert H. Humphrey Building,
200 Independence Avenue, S.W., Washington, D.C. 20201, where the
record in this matter will be kept. Each submission must include a
statement that a copy of the material has been sent to the other
party (or to both parties if the submission is made by a non-party),
identifying when and to whom the copy was sent. For convenience,
please refer to Board Docket No. A-95-42.
Mary Jo Bane,
Assistant Secretary for Children and Families.
[FR Doc. 95-27239 Filed 11-1-95; 8:45 am]
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