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U.S. Code as of:
01/19/04
Section 1316. Administrative and judicial review of public assistance determinations
(a) Determination of conformity with requirements for approval;
petition for reconsideration; hearing; time limitations; review
by court of appeals
(1) Whenever a State plan is submitted to the Secretary by a
State for approval under subchapter I, X, XIV, XVI, or XIX of this
chapter, he shall, not later than 90 days after the date the plan
is submitted to him, make a determination as to whether it conforms
to the requirements for approval under such subchapter. The 90-day
period provided herein may be extended by written agreement of the
Secretary and the affected State.
(2) Any State dissatisfied with a determination of the Secretary
under paragraph (1) of this subsection with respect to any plan
may, within 60 days after it has been notified of such
determination, file a petition with the Secretary for
reconsideration of the issue of whether such plan conforms to the
requirements for approval under such subchapter. Within 30 days
after receipt of such a petition, the Secretary shall notify the
State of the time and place at which a hearing will be held for the
purpose of reconsidering such issue. Such hearing shall be held not
less than 20 days nor more than 60 days after the date notice of
such hearing is furnished to such State, unless the Secretary and
such State agree in writing to holding the hearing at another time.
The Secretary shall affirm, modify, or reverse his original
determination within 60 days of the conclusion of the hearing.
(3) Any State which is dissatisfied with a final determination
made by the Secretary on such a reconsideration or a final
determination of the Secretary under section 304, 1204, 1354, 1384,
or 1396c of this title may, within 60 days after it has been
notified of such determination, file with the United States court
of appeals for the circuit in which such State is located a
petition for review of such determination. A copy of the petition
shall be forthwith transmitted by the clerk of the court to the
Secretary. The Secretary thereupon shall file in the court the
record of the proceedings on which he based his determination as
provided in section 2112 of title 28.
(4) The findings of fact by the Secretary, if supported by
substantial evidence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary to take further
evidence, and the Secretary may thereupon make new or modified
findings of fact and may modify his previous action, and shall
certify to the court the transcript and record of the further
proceedings. Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
(5) The court shall have jurisdiction to affirm the action of the
Secretary or to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in
section 1254 of title 28.
(b) Amendment of plans
For the purposes of subsection (a) of this section, any amendment
of a State plan approved under subchapter I, X, XIV, XVI, or XIX of
this chapter, may, at the option of the State, be treated as the
submission of a new State plan.
(c) Restitution when Secretary reverses his determination
Action pursuant to an initial determination of the Secretary
described in subsection (a) of this section shall not be stayed
pending reconsideration, but in the event that the Secretary
subsequently determines that his initial determination was
incorrect he shall certify restitution forthwith in a lump sum of
any funds incorrectly withheld or otherwise denied.
(d) Items covered under other subchapters; disallowance
Whenever the Secretary determines that any item or class of items
on account of which Federal financial participation is claimed
under subchapter I, X, XIV, XVI, or XIX of this chapter, shall be
disallowed for such participation, the State shall be entitled to
and upon request shall receive a reconsideration of the
disallowance.
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