Current through November 30, 2024
Section 303.231 - Notice and hearing before determining that a State is not eligible(a)General.(1) The Secretary does not make a final determination that a State is not eligible to receive a grant under part C of the Act until providing the State-(i) Reasonable notice; and(ii) An opportunity for a hearing.(2) In implementing paragraph (a)(1)(i) of this section, the Secretary sends a written notice to the lead agency by certified mail with a return receipt requested.(b)Content of notice. In the written notice described in paragraph (a)(2) of this section, the Secretary-(1) States the basis on which the Secretary proposes to make a final determination that the State is not eligible;(2) May describe possible options for resolving the issues;(3) Advises the lead agency that it may request a hearing and that the request for a hearing must be made not later than 30 days after it receives the notice of the proposed final determination that the State is not eligible; and(4) Provides the lead agency with information about the hearing procedures that will be followed. Authority: 20 U.S.C. 1437(c)