45 C.F.R. § 213.1

Scope of rules

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(a) The rules of procedure in this part govern the practice for hearings afforded by the Department to States pursuant to § 201.4 or § 201.6 (a) or (b) of this chapter, and the practice relating to decisions upon such hearings. These rules may also be applied to hearings afforded by the Department to States in other Federal-State programs for which Federal administrative responsibility has been delegated to the Service.

(b) Nothing in this part is intended to preclude or limit negotiations between the Department and the State, whether before, during, or after the hearing to resolve the issues which are, or otherwise would be, considered at the hearing. Such negotiations and resolution of issues are not part of the hearing, and are not governed by the rules in this part, except as expressly provided herein.

Notes of Decisions

Cited in 3 cases, 1972–1982 · leading case: State of New Jersey v. Dep't of Health & Human Servs., 670 F.2d 1284 (3rd Cir. 1982).

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State of New Jersey v. Dep't of Health & Human Servs., 670 F.2d 1284 (3rd Cir. 1982). “§ 1316 (a)(2) and 45 C.F.R. §§ 213.1 -.33, is a necessary predicate for direct appellate-level review, and that the present appeal should therefore be remanded so that such a hearing can be conducted.”

Arthur C. Logan Mem'l Hosp. v. Toia, 441 F. Supp. 26 (S.D.N.Y. 1977). “HEW can also enter into negotiations with a State it believes is out of compliance, 45 C.F.R. § 213.1 (b). The Secretary can withhold payment or he can negotiate with a State.”

Maxwell v. Wyman, 458 F.2d 1146 (2d Cir. 1972). · cites it 2× “§ 1396c; see 45 C.F.R. § 213.1 et seq. Hearings adverse to the State are subject to judicial review under 42 U.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.