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SUBCHAPTER A -- GENERAL ADMINISTRATION
PART 98 -- CHILD CARE AND DEVELOPMENT FUND
SUBPART B -- GENERAL APPLICATION PROCEDURES
45 CFR 98.18
PHOTOCOPY
§ 98.18 Approval and disapproval of Plans and Pian amendments.
PRESERVATION
(a) Plan approval. The Assistant Secretary will approve a Plan that satisfies the requirements of the
Act and this part. Plans will be approved not later than the 90th day following the date on which the
Plan submittal is received, unless a written agreement to extend that period has been secured.
(b) Plan amendments. Approved Plans shall be amended whenever a substantial change in the program
occurs. A Plan amendment shall be submitted within 60 days of the effective date of the change. Plan
amendments will be approved not later than the 90th day following the date on which the amendment
is received, unless a written agreement to extend hat period has been secured.
(c) Appeal of disapproval of a Plan or Plan amendment.
(1) An applicant or Lead Agency dissatisfied with a determination of the Assistant Secretary pursuant to
paragraphs (a) or (b) of this section 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 Assistant Secretary
asking for reconsideration of the issue of whether such Plan or amendment conforms to the
requirements for approval under the Act and pertinent Federal regulations.
(2) Within 30 days after receipt of such petition, the Assistant Secretary shall notify the applicant or
Lead Agency of the time and place at which the hearing for the purpose of reconsidering such issue will
be held.
(3) Such hearing shall be held not less than 30 days, nor more than 90 days, after the notification is
furnished to the applicant or Lead Agency, unless the Assistant Secretary and the applicant or Lead
Agency agree in writing on another time.
(4) Action pursuant to an initial determination by the Assistant Secretary described in paragraphs (a)
and (b) of this section that a Plan or amendment is not approvable shall not be stayed pending the
reconsideration, but in the event that the Assistant Secretary subsequently determines that the original
decision was incorrect, the Assistant Secretary shall certify restitution forthwith in a lump sum of any
funds incorrectly withheld or otherwise denied. The hearing procedures are described in part 99 of this
chapter.
HISTORY:
[57 FR 34413, Aug. 4, 1992; 63 FR 39936, 39986, July 24, 1998]
AUTHORITY:
AUTHORITY NOTE APPLICABLE TO ENTIRE PART:
42 U.S.C. 618, 9858.
NOTES:
[EFFECTIVE DATE NOTE: 63 FR 39936, 39986, July 24, 1998, revised Part 98, effective Aug. 24, 1998.]
370 words
18 of 72
7/13/2000 12:40 PM
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"ocrText": "LEXIS®-NEXIS® View Printable Page\nhttp://web.lexis-nexis.com/In.universe/search/submitViewTagged\nSUBCHAPTER A -- GENERAL ADMINISTRATION\nPART 98 -- CHILD CARE AND DEVELOPMENT FUND\nSUBPART B -- GENERAL APPLICATION PROCEDURES\n45 CFR 98.18\nPHOTOCOPY\n§ 98.18 Approval and disapproval of Plans and Pian amendments.\nPRESERVATION\n(a) Plan approval. The Assistant Secretary will approve a Plan that satisfies the requirements of the\nAct and this part. Plans will be approved not later than the 90th day following the date on which the\nPlan submittal is received, unless a written agreement to extend that period has been secured.\n(b) Plan amendments. Approved Plans shall be amended whenever a substantial change in the program\noccurs. A Plan amendment shall be submitted within 60 days of the effective date of the change. Plan\namendments will be approved not later than the 90th day following the date on which the amendment\nis received, unless a written agreement to extend hat period has been secured.\n(c) Appeal of disapproval of a Plan or Plan amendment.\n(1) An applicant or Lead Agency dissatisfied with a determination of the Assistant Secretary pursuant to\nparagraphs (a) or (b) of this section with respect to any Plan or amendment may, within 60 days after\nthe date of receipt of notification of such determination, file a petition with the Assistant Secretary\nasking for reconsideration of the issue of whether such Plan or amendment conforms to the\nrequirements for approval under the Act and pertinent Federal regulations.\n(2) Within 30 days after receipt of such petition, the Assistant Secretary shall notify the applicant or\nLead Agency of the time and place at which the hearing for the purpose of reconsidering such issue will\nbe held.\n(3) Such hearing shall be held not less than 30 days, nor more than 90 days, after the notification is\nfurnished to the applicant or Lead Agency, unless the Assistant Secretary and the applicant or Lead\nAgency agree in writing on another time.\n(4) Action pursuant to an initial determination by the Assistant Secretary described in paragraphs (a)\nand (b) of this section that a Plan or amendment is not approvable shall not be stayed pending the\nreconsideration, but in the event that the Assistant Secretary subsequently determines that the original\ndecision was incorrect, the Assistant Secretary shall certify restitution forthwith in a lump sum of any\nfunds incorrectly withheld or otherwise denied. The hearing procedures are described in part 99 of this\nchapter.\nHISTORY:\n[57 FR 34413, Aug. 4, 1992; 63 FR 39936, 39986, July 24, 1998]\nAUTHORITY:\nAUTHORITY NOTE APPLICABLE TO ENTIRE PART:\n42 U.S.C. 618, 9858.\nNOTES:\n[EFFECTIVE DATE NOTE: 63 FR 39936, 39986, July 24, 1998, revised Part 98, effective Aug. 24, 1998.]\n370 words\n18 of 72\n7/13/2000 12:40 PM"
}