(a) If a state process provides a state process recommendation to
the Department through its single point of contact, the Secretary
either--
(1) Accepts the recommendation;
(2) Reaches a mutually agreeable solution with the state process; or
(3) Provides the single point of contact with such written
explanation of the decision, as the Secretary in his or her discretion
deems appropriate. The Secretary may also supplement the written
explanation by providing the explanation to the single point of contact
by telephone, other telecommunication, or other means.
(b) In any explanation under paragraph (a)(3) of this section, the
Secretary informs the single point of contact that:
(1) The Department will not implement its decision for at least ten
days after the single point of contact receives the explanation; or
(2) The Secretary has reviewed the decision and determined that,
because of unusual circumstances, the waiting period of at least ten
days is not feasible.
(c) For purposes of computing the waiting period under paragraph
(b)(1) of this section, a single point of contact is presumed to have
received written notification 5 days after the date of mailing of such
notification.
