45 C.F.R. § 205.70

Availability of agency program manuals

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State plan requirements. A State plan for financial assistance under title I, IV-A, IV-B, X, XIV, or XVI (AABD) of the Social Security Act must provide that:

(a) Program manuals and other policy issuances which affect the public, including the State agency's rules and regulations governing eligibility, need and amount of assistance, and recipient rights and responsibilities will be maintained in the State office and in each local and district office for examination on regular workdays during regular office hours by individuals, upon request for review, study, or reproduction by the individual.

(b)(1) A current copy of such material will be made available without charge or at a charge related to the cost of reproduction for access by the public through custodians who (i) request the material for this purpose, (ii) are centrally located and publicly accessible to a substantial number of the recipient population they serve, and (iii) agree to accept responsibility for filing all amendments and changes forwarded by the agency.

(2) Under this requirement the material, if requested, must be made available without charge or at a charge related to the cost of reproduction to public or university libraries, the local or district offices of the Bureau of Indian Affairs, and welfare or legal services offices or organizations. The material may also be made available, with or without charge, to other groups and to individuals. Wide availability of agency policy materials is recommended.

(c) Upon request, the agency will reproduce without charge or at a charge related to the cost of reproduction the specific policy materials necessary for an applicant or recipient, or his representative, to determine whether a fair hearing should be requested or to prepare for a fair hearing; and will establish policies for reproducing policy materials without charge, or at a charge related to cost, for any individual who requests such material for other purposes.

[38 FR 26378, Sept. 20, 1973, as amended at 44 FR 17941, Mar. 23, 1979; 45 FR 56685, Aug. 25, 1980]

Notes of Decisions

Cited in 2 cases, 1976–1979 · leading case: Metcalf v. Trainor, 472 F. Supp. 576 (N.D. Ill. 1979).

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Metcalf v. Trainor, 472 F. Supp. 576 (N.D. Ill. 1979). · cites it 2× “[to carry] out the provisions of the Illinois Public Aid Code” and contrary to 45 C.F.R. § 205.70 requiring that regulations be public and available for examination.”

Perez v. Lavine, 412 F. Supp. 1340 (S.D.N.Y. 1976). “45 C.F.R. § 205.70 mandates that policy statements and manuals affecting agency procedures be made accessible to public reference in diverse locations and available for individuals upon specific request.”

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