Determination of conformity with requirements for approval; petition for reconsideration; hearing; time limitations; review by court of appeals
Whenever a State plan is submitted to the Secretary by a State for approval under subchapter I, X, XIV, XVI, or XIX, 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.
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.
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
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.
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
Disallowance of items covered under other subchapters
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,
So in original. Probably should be followed by “or”.
XVI, shall be disallowed for such participation, the State shall be entitled to and upon request shall receive a reconsideration of the disallowance.
[Aug. 14, 1935, ch. 531], title XI, § 1116, as added [Pub. L. 89–97, title IV, § 404(a)], July 30, 1965, [79 Stat. 419]; amended [Pub. L. 90–248, title II, § 241(c)(5)], Jan. 2, 1968, [81 Stat. 917]; [Pub. L. 93–233, § 18](z–2)(1)(C), Dec. 31, 1973, [87 Stat. 974]; [Pub. L. 93–647, § 3(d)], Jan. 4, 1975, [88 Stat. 2349]; [Pub. L. 97–35, title XXIII, § 2353(h)], Aug. 13, 1981, [95 Stat. 872]; [Pub. L. 98–369, div. B, title III, § 2354(c)(2)], title VI, § 2663(e)(6), July 18, 1984, [98 Stat. 1102], 1168; [Pub. L. 104–193, title I, § 108(g)(3)], Aug. 22, 1996, [110 Stat. 2168]; [Pub. L. 110–275, title II, § 204(a)], (b), July 15, 2008, [122 Stat. 2592], 2593.)