42 U.S.C. § 12335 — State plan
submitted 36 years ago by Pub. L. 101-501 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 273 words · no verdicts yet
A state must submit a 3-year plan to the Commissioner to qualify for certain grants, and may revise it yearly. States choose which grant categories to apply for, and the Commissioner must approve any plan that meets the legal requirements, but must give the state notice and a chance to fix problems before denying or changing a plan.
(a) Submission of plan. To be eligible for grants under sections 12337, 12338, or 12339, a state's chief executive officer must prepare and send the Commissioner* a state* plan covering a 3-year period.
(b) Revisions of plan. The chief executive officer can revise that plan every year.
(c) Content of plan. The plan must include the assurances required under sections 12337, 12338, or 12339, plus a description of the state's proposed multi-year plans for developing and running its programs.
(d) Type of application. A state can apply for funds in one of three ways: (1) under section 12337 alone; (2) under sections 12337 and 12338 together; or (3) under section 12339 alone. Whichever category a state picks, its application and plan only have to meet the requirements for that category.
(e) Approval of plan. (1) In general, the Commissioner must approve any state plan under sections 12337 and 12338 that meets those sections' requirements. (2) Before the Commissioner can make a final decision to disapprove a plan, change it, or declare a state ineligible for funds under those sections, the state must first get reasonable notice and a chance to fix any problems in its application.
The chief executive officer of a State*, in order to be eligible for grants from an allotment under section 12337, 12338, or 12339 1 of this title for any fiscal year, shall prepare and submit to the Commissioner* a State plan for a 3-year period.
Each chief executive officer of a State may make annual revisions of the State plan referred to in subsection (a).
The chief executive officer of a State shall include within the State plan of that State assurances as required under sections 2 12337, 12338, or 12339 1 of this title, and a description of the proposed multi-year plans of the State for program development and implementation.
A State may apply for funds under one or more of the following categories:
section 12337 of this title;
sections 12337 and 12338 of this title jointly; or
section 12339 1 of this title.
In the case of each category, the State application and plan shall comply only with the requirements of the appropriate section.
The Commissioner shall approve any State plan under sections 12337 and 12338 of this title that the Commissioner determines meets the requirements of such sections.
The Commissioner shall not make a final determination disapproving any State plan, modifying such plan, or declaring a State to be ineligible to receive funds under sections 12337 and 12338 of this title without previously affording such State reasonable notice and opportunity to correct deficiencies in its application.
Source credit: (Pub. L. 101–501, title IX, § 929, Nov. 3, 1990, 104 Stat. 1270.)
- 1990Enacted · Pub. L. 101-501 · 104 Stat. 1270
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-501 on 1990-11-03.
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