C.F.R. » Title 45 » CHAPTER XIII—ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—THE ADMINISTRATION FOR COMMUNITY LIVING › PART 1321—GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING › Subpart B—State Agency Responsibilities

45 C.F.R. § 1321.39

Appeal to the Departmental Appeals Board regarding State plan on aging

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If the Assistant Secretary for Aging intends to disapprove a State plan or State plan amendment, the Assistant Secretary for Aging shall first afford the State agency notice and an opportunity for a hearing. Administrative reviews of State plan disapprovals, as provided for in sections 307(c) and 307(d) of the Act (42 U.S.C. 3027(c)-(d)) are performed by the Department Appeals Board in accordance with the procedures set forth in 45 CFR part 16. The DAB may refer an appeal to its Alternative Dispute Resolution Division for mediation prior to making a decision.

Notes of Decisions
Cited in 2 cases, 1988–1992 · leading case: Opinion No. (1988) (Mo. Att'y Gen. 1988).
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Opinion No. (1988) (Mo. Att'y Gen. 1988). · cites it 2× “Similar to 45 C.F.R. Section 1321.39, Section 660.050 .”
Bel-O-Mar Interstate Plan. Comm'n v. West Virginia Comm'n on Aging, 423 S.E.2d 867 (W. Va. 1992). “The Governing Board of any Area Agency on Aging when the State Agency proposes to: (a) Disapprove the area plan or plan amendment submitted by the Governing Board of the Agency as specified in 45 C.F.R. § 1321.39 (b) or (b) Withdraw the Area Agency’s designation as a planning…”
— 45 C.F.R. § 1321.39(a) — 1 case
Opinion No. (1988) (Mo. Att'y Gen. 1988). “Similar to 45 C.F.R. Section 1321.39, Section 660.050 .”
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