45 C.F.R. § 201.4

Administrative review of certain administrative decisions

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Pursuant to section 1116 of the Act, any State dissatisfied with a determination of the Administrator pursuant to § 201.3 (e) or (f) with respect to any plan or amendment may, within 60 days after the date of receipt of notification of such determination, file a petition with the Regional Administrator, asking the Administrator for reconsideration of the issue of whether such plan or amendment conforms to the requirements for approval under the Act and pertinent Federal requirements. Within 30 days after receipt of such a petition, the Administrator shall notify the State of the time and place at which the hearing for the purpose of reconsidering such issue will be held. Such hearing shall be held not less than 30 days nor more than 60 days after the date notice of such hearing is furnished to the State, unless the Administrator and the State agree in writing on another time. For hearing procedures, see part 213 of this chapter. A determination affirming, modifying, or reversing the Administrator's original decision will be made within 60 days of the conclusion of the hearing. Action pursuant to an initial determination by the Administrator described in such § 201.3 (e) or (f) that a plan or amendment is not approvable shall not be stayed pending the reconsideration, but in the event that the Administrator subsequently determines that his original decision was incorrect he shall certify restitution forthwith in a lump sum of any funds incorrectly withheld or otherwise denied.

[35 FR 12180, July 29, 1970, as amended at 42 FR 43977, Sept. 1, 1977; 53 FR 36579, Sept. 21, 1988]

Notes of Decisions

Cited in 5 cases, 1977–1985 · leading case: State of New Jersey v. Dep't of Health & Human Servs., 670 F.2d 1262 (3rd Cir. 1981).

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State of New Jersey v. Dep't of Health & Human Servs., 670 F.2d 1262 (3rd Cir. 1981). “§ 1316 (a)(2); 45 C.F.R. § 201.4 . Should the state’s plan once again be rejected, the Act provides that the state “may, within 60 days after it has been notified of such determination, file with the United States court of appeals for the circuit in which such State is located a…”

Georgia Dep't of Med. Assistance v. United States Dep't of Health & Human Servs., & Margaret Heckler, Sec'y, 708 F.2d 627 (11th Cir. 1983). “See also 45 C.F.R. § 201.4 (1982). As interpreted in the Secretary’s regulations, the hearing is a relatively formal, adversarial proceeding.”

Kozera v. Spirito, 723 F.2d 1003 (1st Cir. 1983). “§ 1316 (a)(2); 45 C.F.R. § 201.4 (1982), subject to review in the federal court of appeals.”

Hamer v. Dep't of Human Servs., 492 A.2d 1253 (D.C. 1985). “§ 1316 ; 45 C.F.R. §§ 201.4 , 201.7 (if HHS finds state plan to be nonconforming, state may petition HHS for administrative reconsideration and hearing; state may thereafter seek judicial review).”

State Dep't of Pub. Welfare v. Califano, 556 F.2d 326 (5th Cir. 1977). “§ 1316 (a); see 45 C.F.R. § 201.4 . Section 1316(a) provides for a hearing within certain time limits.”

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