§96.61. Initiation of hearing.
45 C.F.R. § 96.61
A hearing is initiated by a notice of opportunity for hearing from the Department. The notice will:
Be sent by mail, telegram, telex, personal delivery, or any other mode of written communication;
Specify the facts and the action that are the subject of the opportunity for a hearing;
State that the notice of opportunity for hearing and the hearing are governed by these rules; and
State the time within which a hearing may be requested, and state the name, address, and telephone number of the Department employee to whom any request for hearing is to be addressed.
A State offered an opportunity for a hearing has the amount of time specified in the notice, which may not be less than 10 days after receipt of the notice, within which to request a hearing. The request may be filed by mail, telegram, telex, personal delivery, or any other mode of written communication, addressed to the designated Department employee. If no response is filed within that time, the offer is deemed to have been refused and no hearing will be held.
If a hearing is requested, the Department will designate a presiding officer, and (subject to § 96.51 of this part) the hearing will take place at a time and location agreed upon by the State requesting the hearing, the Department, and the presiding officer or, if agreement cannot be reached, at a reasonable time and location designated by the presiding officer.
Notes, amendments, and revision history
Authority
Authority: 31 U.S.C. 1243 note, 7501-7507; 42 U.S.C. 300w et seq., § 300x et seq., § 300y et seq., § 701 et seq., § 8621 et seq., § 9901 et seq., § 1397 et seq., 5 U.S.C. § 301.
Source
Source: 47 FR 29486, July 6, 1982, unless otherwise noted.