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42 U.S.C. § 15027Withholding of payments for planning, administration, and services

submitted 26 years ago by Pub. L. 106-402 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 215 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can cut off a State's funding under section 15022. This happens if the Council or agency badly violates State plan or membership rules. The Secretary must give notice and a hearing first, then payments stay stopped until the problem is fixed.

This section lets the Secretary stop paying a State under section 15022. First, the Secretary must give the Council and the designated State agency reasonable notice and a chance for a hearing. Then, the Secretary can act if either of these is true: (1) the Council or agency substantially failed to follow the State-plan rules required by section 15024 — especially the rules on plan goals in section 15024(c)(4)(A) and on the 20% service-demonstration limit in section 15024(c)(5)(B)(vii) — or the Council-membership rules in section 15025(b)(3); or (2) the Council or agency substantially failed to follow the Secretary's regulations for this part. If either happens, the Secretary must tell the Council and agency that no further payments will be made under section 15022 — either to the whole State or just for the activities that failed to comply, at the Secretary's discretion. Payments stay stopped until the Secretary is satisfied the failure is fixed. Until then, the Secretary either makes no more payments to the State, or limits payments to activities that are still in compliance.
the actual law source: uscode.house.gov ↗public domain

Whenever the Secretary, after providing reasonable notice and an opportunity for a hearing to the Council and the designated State agency, finds that—

(1)

the Council or agency has failed to comply substantially with any of the provisions required by section 15024 of this title to be included in the State plan, particularly provisions required by paragraphs (4)(A) and (5)(B)(vii) of section 15024(c) of this title, or with any of the provisions required by section 15025(b)(3) of this title; or

(2)

the Council or agency has failed to comply substantially with any regulations of the Secretary that are applicable to this part,

the Secretary shall notify such Council and agency that the Secretary will not make further payments to the State under section 15022 of this title (or, in the discretion of the Secretary, that further payments to the State under section 15022 of this title for activities for which there is such failure), until the Secretary is satisfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payments to the State under section 15022 of this title, or shall limit further payments under section 15022 of this title to such State to activities for which there is no such failure.

Source credit: (Pub. L. 106–402, title I, § 127, Oct. 30, 2000, 114 Stat. 1711.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-402 · 114 Stat. 1711

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-402 on 2000-10-30.

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