Sec. 303.231 Notice and hearing before determining that a State is not eligible

303.231 Notice and hearing before determining that a State is not eligible.

(a) General.
(1) The Secretary does not make a final determination that a State is not eligible to receive a grant under part C of the Act until providing the State—
(i) Reasonable notice; and
(ii) An opportunity for a hearing.
(2) In implementing paragraph (a)(1)(i) of this section, the Secretary sends a written notice to the lead agency by certified mail with a return receipt requested.
(b) Content of notice. In the written notice described in paragraph (a)(2) of this section, the Secretary—
(1) States the basis on which the Secretary proposes to make a final determination that the State is not eligible;
(2) May describe possible options for resolving the issues;
(3) Advises the lead agency that it may request a hearing and that the request for a hearing must be made not later than 30 days after it receives the notice of the proposed final determination that the State is not eligible; and
(4) Provides the lead agency with information about the hearing procedures that will be followed.
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Last modified on May 3, 2017