[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.9]



[Page 348]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

           Subpart B_Grants to States for Refugee Resettlement

 

Sec.  400.9  Administrative review of decisions on approval of State plan

s and plan amendments.



    (a) Any State dissatisfied with a determination by the Director, or 

his or her designee, under Sec.  400.8 with respect to any plan or plan 

amendment may, within 60 days after the date of notification of such 

determination, file a petition with the Director, or designee, for 

reconsideration of the determination.

    (b) A State may request that a hearing be held, but it is not 

required to do so.

    (c) If a State requests a hearing, the Director, or designee, will 

notify the State within 30 days after receipt of such a petition, of the 

time and location of the hearing to reconsider the issue.

    (d) The hearing must be held not less than 30 days nor more than 60 

days after the date the notice of the hearing is furnished to the State, 

unless the Director, or designee, and the State agree in writing on 

another time.

    (e) The hearing procedures in part 213 of this title will be used 

except that:

    (1) ``The Director'' is substituted where there is a reference to 

``the Administrator,'' and

    (2) ``ORR Hearing Clerk'' is substituted where there is reference to 

the ``SRS Hearing Clerk.''

    (f) The Director will affirm, modify, or reverse the original 

decisions within 60 days of the receipt of the State's petition or, if a 

hearing is held, within 60 days after the hearing.

    (g) The initial determination by the Director, or designee, that a 

plan or amendment is not approvable shall remain in effect pending the 

reconsideration.

    (h) If the Director reverses the original decision, ORR will 

reimburse any funds incorrectly withheld or otherwise denied.



[51 FR 3913, Jan. 30, 1986]