
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1316]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1316. Administrative and judicial review of public 
        assistance determinations
        

(a) Determination of conformity with requirements for approval; petition 
        for reconsideration; hearing; time limitations; review by court 
        of appeals

    (1) Whenever a State plan is submitted to the Secretary by a State 
for approval under subchapter I, X, XIV, XVI, or XIX of this chapter, he 
shall, not later than 90 days after the date the plan is submitted to 
him, make a determination as to whether it conforms to the requirements 
for approval under such subchapter. The 90-day period provided herein 
may be extended by written agreement of the Secretary and the affected 
State.
    (2) Any State dissatisfied with a determination of the Secretary 
under paragraph (1) of this subsection with respect to any plan may, 
within 60 days after it has been notified of such determination, file a 
petition with the Secretary for reconsideration of the issue of whether 
such plan conforms to the requirements for approval under such 
subchapter. Within 30 days after receipt of such a petition, the 
Secretary shall notify the State of the time and place at which a 
hearing will be held for the purpose of reconsidering such issue. Such 
hearing shall be held not less than 20 days nor more than 60 days after 
the date notice of such hearing is furnished to such State, unless the 
Secretary and such State agree in writing to holding the hearing at 
another time. The Secretary shall affirm, modify, or reverse his 
original determination within 60 days of the conclusion of the hearing.
    (3) Any State which is dissatisfied with a final determination made 
by the Secretary on such a reconsideration or a final determination of 
the Secretary under section 304, 1204, 1354, 1384, or 1396c of this 
title may, within 60 days after it has been notified of such 
determination, file with the United States court of appeals for the 
circuit in which such State is located a petition for review of such 
determination. A copy of the petition shall be forthwith transmitted by 
the clerk of the court to the Secretary. The Secretary thereupon shall 
file in the court the record of the proceedings on which he based his 
determination as provided in section 2112 of title 28.
    (4) The findings of fact by the Secretary, if supported by 
substantial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Secretary to take further evidence, 
and the Secretary may thereupon make new or modified findings of fact 
and may modify his previous action, and shall certify to the court the 
transcript and record of the further proceedings. Such new or modified 
findings of fact shall likewise be conclusive if supported by 
substantial evidence.
    (5) The court shall have jurisdiction to affirm the action of the 
Secretary or to set it aside, in whole or in part. The judgment of the 
court shall be subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 1254 of 
title 28.

(b) Amendment of plans

    For the purposes of subsection (a) of this section, any amendment of 
a State plan approved under subchapter I, X, XIV, XVI, or XIX of this 
chapter, may, at the option of the State, be treated as the submission 
of a new State plan.

(c) Restitution when Secretary reverses his determination

    Action pursuant to an initial determination of the Secretary 
described in subsection (a) of this section shall not be stayed pending 
reconsideration, but in the event that the Secretary subsequently 
determines that his initial determination was incorrect he shall certify 
restitution forthwith in a lump sum of any funds incorrectly withheld or 
otherwise denied.

(d) Items covered under other subchapters; disallowance

    Whenever the Secretary determines that any item or class of items on 
account of which Federal financial participation is claimed under 
subchapter I, X, XIV, XVI, or XIX of this chapter, shall be disallowed 
for such participation, the State shall be entitled to and upon request 
shall receive a reconsideration of the disallowance.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1116, as added Pub. L. 89-97, 
title IV, Sec. 404(a), July 30, 1965, 79 Stat. 419; amended Pub. L. 90-
248, title II, Sec. 241(c)(5), Jan. 2, 1968, 81 Stat. 917; Pub. L. 93-
233, Sec. 18(z-2)(1)(C), Dec. 31, 1973, 87 Stat. 974; Pub. L. 93-647, 
Sec. 3(d), Jan. 4, 1975, 88 Stat. 2349; Pub. L. 97-35, title XXIII, 
Sec. 2353(h), Aug. 13, 1981, 95 Stat. 872; Pub. L. 98-369, div. B, title 
III, Sec. 2354(c)(2), title VI, Sec. 2663(e)(6), July 18, 1984, 98 Stat. 
1102, 1168; Pub. L. 104-193, title I, Sec. 108(g)(3), Aug. 22, 1996, 110 
Stat. 2168.)

                       References in Text

    Section 1384 of this title, referred to in subsec. (a)(3), is a 
reference to section 1384 of this title as it existed prior to the 
general revision of this subchapter by Pub. L. 92-603, title III, 
Sec. 301, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. The prior 
section (which is set out as a note under section 1384 of this title) 
continues in effect for Puerto Rico, Guam, and the Virgin Islands.


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-193, Sec. 108(g)(3)(A), struck out 
``or part A of subchapter IV of this chapter,'' after ``XIX of this 
chapter,''.
    Subsec. (a)(3). Pub. L. 104-193, Sec. 108(g)(3)(B), struck out 
``604,'' before ``1204,''.
    Subsecs. (b), (d). Pub. L. 104-193, Sec. 108(g)(3)(A), struck out 
``or part A of subchapter IV of this chapter,'' after ``XIX of this 
chapter,''.
    1984--Subsec. (a)(1). Pub. L. 98-369, Sec. 2663(e)(6)(A), struck out 
``VI,'' after ``I,''.
    Pub. L. 98-369, Sec. 2354(c)(2), corrected typographical error in 
directory language of Pub. L. 97-35, Sec. 2353(h)(1). See 1982 Amendment 
note below.
    Subsec. (a)(3). Pub. L. 98-369, Sec. 2663(e)(6)(B), struck out 
``804,'' after ``604,''.
    Subsec. (b). Pub. L. 98-369, Sec. 2663(e)(6)(A), struck out ``VI,'' 
after ``I,''.
    Pub. L. 98-369, Sec. 2354(c)(2), corrected typographical error in 
directory language of Pub. L. 97-35, Sec. 2353(h)(1). See 1982 Amendment 
note below.
    Subsec. (d). Pub. L. 98-369, Sec. 2663(e)(6)(A), struck out ``VI,'' 
after ``I,''.
    Pub. L. 98-369, Sec. 2663(e)(6)(C), substituted ``XVI, or XIX of 
this chapter, or part A'' for ``XVI, or or XIX of this chapter, or part 
A''.
    1981--Subsec. (a)(1). Pub. L. 97-35, Sec. 2353(h)(1), as amended by 
Pub. L. 98-369, Sec. 2354(c)(2), substituted ``or XIX of this chapter'' 
for ``XIX or XX of this chapter''.
    Subsec. (a)(3). Pub. L. 97-35, Sec. 2353(h)(2), substituted ``or 
1396c of this title'' for ``1396c, or 1397b of this title''.
    Subsec. (b). Pub. L. 97-35, Sec. 2353(h)(1), as amended by Pub. L. 
98-369, Sec. 2354(c)(2), substituted ``or XIX of this chapter'' for 
``XIX or XX of this chapter''.
    Subsec. (d). Pub. L. 97-35, Sec. 2353(h)(3), substituted ``or XIX of 
this chapter'' for ``XIX, or XX of this chapter''.
    1975--Subsec. (a)(1). Pub. L. 93-647, Sec. 3(d)(1), substituted 
``XIX or XX'' for ``or XIX''.
    Subsec. (a)(3). Pub. L. 93-647, Sec. 3(d)(2), substituted ``1396c, 
or 1397b'' for ``or 1396c''.
    Subsec. (b). Pub. L. 93-647, Sec. 3(d)(1), substituted ``XIX or XX'' 
for ``or XIX''.
    Subsec. (d). Pub. L. 93-647, Sec. 3(d)(3), inserted ``XX,'' after 
``XIX,''.
    1973--Subsec. (a). Pub. L. 93-233, Sec. 18(z-2)(1)(C)(i), (ii), 
inserted references in par. (1) to subchapter VI of this chapter and in 
par. (3) to section 804 of this title.
    Subsecs. (b), (d). Pub. L. 93-233, Sec. 18(z-2)(1)(C)(iii), (iv), 
inserted reference to subchapter VI of this chapter.
    1968--Subsec. (a)(1). Pub. L. 90-248, Sec. 241(c)(5)(A), struck out 
``IV,'' after ``I,'' and inserted ``or part A of subchapter IV of this 
chapter,'' after ``XIX of this chapter,''.
    Subsecs. (b), (d). Pub. L. 90-248, Sec. 241(c)(5)(B), struck out 
``IV,'' after ``I,'' and inserted ``, or part A of subchapter IV of this 
chapter,'' after ``XIX of this chapter''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of this title.


                    Effective Date of 1984 Amendment

    Amendment by section 2354(c)(2) of Pub. L. 98-369 effective as if 
originally included in Pub. L. 97-35, see section 2354(e)(2) of Pub. L. 
98-369, set out as a note under section 1320a-1 of this title.
    Amendment by section 2663(e)(6) of Pub. L. 98-369 effective July 18, 
1984, but not to be construed as changing or affecting any right, 
liability, status, or interpretation which existed (under the provisions 
of law involved) before that date, see section 2664(b) of Pub. L. 98-
369, set out as a note under section 401 of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as 
otherwise explicitly provided, see section 2354 of Pub. L. 97-35, set 
out as an Effective Date note under section 1397 of this title.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 93-647 effective with respect to payments under 
sections 603 and 803 of this title for quarters commencing after Sept. 
30, 1975, see section 7(b) of Pub. L. 93-647, set out as a note under 
section 303 of this title.


                    Effective Date of 1973 Amendment

    Amendment by Pub. L. 93-233 effective on and after Jan. 1, 1974, see 
section 18(z-2)(2) of Pub. L. 93-233, set out as a note under section 
1301 of this title.


                             Effective Date

    Section 404(b) of Pub. L. 89-97 provided that: ``The amendment made 
by subsection (a) [enacting this section] shall apply only with respect 
to determinations made after December 31, 1965.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1396b, 1396n, 1396r, 1397gg 
of this title.
