
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC727]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
            SUBCHAPTER I--VOCATIONAL REHABILITATION SERVICES
 
                       Part A--General Provisions
 
Sec. 727. Monitoring and review


(a) In general

                             (1) Duties

        In carrying out the duties of the Commissioner under this 
    subchapter, the Commissioner shall--
            (A) provide for the annual review and periodic onsite 
        monitoring of programs under this subchapter; and
            (B) determine whether, in the administration of the State 
        plan, a State is complying substantially with the provisions of 
        such plan and with evaluation standards and performance 
        indicators established under section 726 of this title.

                     (2) Procedures for reviews

        In conducting reviews under this section the Commissioner shall 
    consider, at a minimum--
            (A) State policies and procedures;
            (B) guidance materials;
            (C) decisions resulting from hearings conducted in 
        accordance with due process;
            (D) State goals established under section 721(a)(15) of this 
        title and the extent to which the State has achieved such goals;
            (E) plans and reports prepared under section 726(b) of this 
        title;
            (F) consumer satisfaction reviews and analyses described in 
        section 725(c)(4) of this title;
            (G) information provided by the State Rehabilitation Council 
        established under section 725 of this title, if the State has 
        such a Council, or by the commission described in section 
        721(a)(21)(A)(i) of this title, if the State has such a 
        commission;
            (H) reports; and
            (I) budget and financial management data.

                    (3) Procedures for monitoring

        In conducting monitoring under this section the Commissioner 
    shall conduct--
            (A) onsite visits, including onsite reviews of records to 
        verify that the State is following requirements regarding the 
        order of selection set forth in section 721(a)(5)(A) of this 
        title;
            (B) public hearings and other strategies for collecting 
        information from the public;
            (C) meetings with the State Rehabilitation Council, if the 
        State has such a Council or with the commission described in 
        section 721(a)(21)(A)(i) of this title, if the State has such a 
        commission;
            (D) reviews of individual case files, including 
        individualized plans for employment and ineligibility 
        determinations; and
            (E) meetings with qualified vocational rehabilitation 
        counselors and other personnel.

                        (4) Areas of inquiry

        In conducting the review and monitoring, the Commissioner shall 
    examine--
            (A) the eligibility process;
            (B) the provision of services, including, if applicable, the 
        order of selection;
            (C) such other areas as may be identified by the public or 
        through meetings with the State Rehabilitation Council, if the 
        State has such a Council or with the commission described in 
        section 721(a)(21)(A)(i) of this title, if the State has such a 
        commission; and
            (D) such other areas of inquiry as the Commissioner may 
        consider appropriate.

                             (5) Reports

        If the Commissioner issues a report detailing the findings of an 
    annual review or onsite monitoring conducted under this section, the 
    report shall be made available to the State Rehabilitation Council, 
    if the State has such a Council, for use in the development and 
    modification of the State plan described in section 721 of this 
    title.

(b) Technical assistance

    The Commissioner shall--
        (1) provide technical assistance to programs under this 
    subchapter regarding improving the quality of vocational 
    rehabilitation services provided; and
        (2) provide technical assistance and establish a corrective 
    action plan for a program under this subchapter if the Commissioner 
    finds that the program fails to comply substantially with the 
    provisions of the State plan, or with evaluation standards or 
    performance indicators established under section 726 of this title, 
    in order to ensure that such failure is corrected as soon as 
    practicable.

(c) Failure to comply with plan

                      (1) Withholding payments

        Whenever the Commissioner, after providing reasonable notice and 
    an opportunity for a hearing to the State agency administering or 
    supervising the administration of the State plan approved under 
    section 721 of this title, finds that--
            (A) the plan has been so changed that it no longer complies 
        with the requirements of section 721(a) of this title; or
            (B) in the administration of the plan there is a failure to 
        comply substantially with any provision of such plan or with an 
        evaluation standard or performance indicator established under 
        section 726 of this title,

    the Commissioner shall notify such State agency that no further 
    payments will be made to the State under this subchapter (or, in the 
    discretion of the Commissioner, that such further payments will be 
    reduced, in accordance with regulations the Commissioner shall 
    prescribe, or that further payments will not be made to the State 
    only for the projects under the parts of the State plan affected by 
    such failure), until the Commissioner is satisfied there is no 
    longer any such failure.

                             (2) Period

        Until the Commissioner is so satisfied, the Commissioner shall 
    make no further payments to such State under this subchapter (or 
    shall reduce payments or limit payments to projects under those 
    parts of the State plan in which there is no such failure).

                   (3) Disbursal of withheld funds

        The Commissioner may, in accordance with regulations the 
    Secretary shall prescribe, disburse any funds withheld from a State 
    under paragraph (1) to any public or nonprofit private organization 
    or agency within such State or to any political subdivision of such 
    State submitting a plan meeting the requirements of section 721(a) 
    of this title. The Commissioner may not make any payment under this 
    paragraph unless the entity to which such payment is made has 
    provided assurances to the Commissioner that such entity will 
    contribute, for purposes of carrying out such plan, the same amount 
    as the State would have been obligated to contribute if the State 
    received such payment.

(d) Review

                            (1) Petition

        Any State that is dissatisfied with a final determination of the 
    Commissioner under section 721(b) of this title or subsection (c) of 
    this section may file a petition for judicial review of such 
    determination in the United States Court of Appeals for the circuit 
    in which the State is located. Such a petition may be filed only 
    within the 30-day period beginning on the date that notice of such 
    final determination was received by the State. The clerk of the 
    court shall transmit a copy of the petition to the Commissioner or 
    to any officer designated by the Commissioner for that purpose. In 
    accordance with section 2112 of title 28, the Commissioner shall 
    file with the court a record of the proceeding on which the 
    Commissioner based the determination being appealed by the State. 
    Until a record is so filed, the Commissioner may modify or set aside 
    any determination made under such proceedings.

                 (2) Submissions and determinations

        If, in an action under this subsection to review a final 
    determination of the Commissioner under section 721(b) of this title 
    or subsection (c) of this section, the petitioner or the 
    Commissioner applies to the court for leave to have additional oral 
    submissions or written presentations made respecting such 
    determination, the court may, for good cause shown, order the 
    Commissioner to provide within 30 days an additional opportunity to 
    make such submissions and presentations. Within such period, the 
    Commissioner may revise any findings of fact, modify or set aside 
    the determination being reviewed, or make a new determination by 
    reason of the additional submissions and presentations, and shall 
    file such modified or new determination, and any revised findings of 
    fact, with the return of such submissions and presentations. The 
    court shall thereafter review such new or modified determination.

                       (3) Standards of review

        (A) In general

            Upon the filing of a petition under paragraph (1) for 
        judicial review of a determination, the court shall have 
        jurisdiction--
                (i) to grant appropriate relief as provided in chapter 7 
            of title 5, except for interim relief with respect to a 
            determination under subsection (c) of this section; and
                (ii) except as otherwise provided in subparagraph (B), 
            to review such determination in accordance with chapter 7 of 
            title 5.

        (B) Substantial evidence

            Section 706 of title 5 shall apply to the review of any 
        determination under this subsection, except that the standard 
        for review prescribed by paragraph (2)(E) of such section 706 
        shall not apply and the court shall hold unlawful and set aside 
        such determination if the court finds that the determination is 
        not supported by substantial evidence in the record of the 
        proceeding submitted pursuant to paragraph (1), as supplemented 
        by any additional submissions and presentations filed under 
        paragraph (2).

(Pub. L. 93-112, title I, Sec. 107, as added Pub. L. 105-220, title IV, 
Sec. 404, Aug. 7, 1998, 112 Stat. 1157.)


                            Prior Provisions

    A prior section 727, Pub. L. 93-112, title I, Sec. 107, as added 
Pub. L. 102-569, title I, Sec. 128(a), Oct. 29, 1992, 106 Stat. 4386, 
related to monitoring and review, prior to the general amendment of this 
subchapter by Pub. L. 105-220.

                  Section Referred to in Other Sections

    This section is referred to in sections 721, 726, 796d-1 of this 
title.
