
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: 42USC610]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
   Part A--Block Grants to States for Temporary Assistance for Needy 
                                Families
 
Sec. 610. Appeal of adverse decision


(a) In general

    Within 5 days after the date the Secretary takes any adverse action 
under this part with respect to a State, the Secretary shall notify the 
chief executive officer of the State of the adverse action, including 
any action with respect to the State plan submitted under section 602 of 
this title or the imposition of a penalty under section 609 of this 
title.

(b) Administrative review

                           (1) In general

        Within 60 days after the date a State receives notice under 
    subsection (a) of this section of an adverse action, the State may 
    appeal the action, in whole or in part, to the Departmental Appeals 
    Board established in the Department of Health and Human Services (in 
    this section referred to as the ``Board'') by filing an appeal with 
    the Board.

                        (2) Procedural rules

        The Board shall consider an appeal filed by a State under 
    paragraph (1) on the basis of such documentation as the State may 
    submit and as the Board may require to support the final decision of 
    the Board. In deciding whether to uphold an adverse action or any 
    portion of such an action, the Board shall conduct a thorough review 
    of the issues and take into account all relevant evidence. The Board 
    shall make a final determination with respect to an appeal filed 
    under paragraph (1) not less than 60 days after the date the appeal 
    is filed.

(c) Judicial review of adverse decision

                           (1) In general

        Within 90 days after the date of a final decision by the Board 
    under this section with respect to an adverse action taken against a 
    State, the State may obtain judicial review of the final decision 
    (and the findings incorporated into the final decision) by filing an 
    action in--
            (A) the district court of the United States for the judicial 
        district in which the principal or headquarters office of the 
        State agency is located; or
            (B) the United States District Court for the District of 
        Columbia.

                        (2) Procedural rules

        The district court in which an action is filed under paragraph 
    (1) shall review the final decision of the Board on the record 
    established in the administrative proceeding, in accordance with the 
    standards of review prescribed by subparagraphs (A) through (E) of 
    section 706(2) of title 5. The review shall be on the basis of the 
    documents and supporting data submitted to the Board.

(Aug. 14, 1935, ch. 531, title IV, Sec. 410, as added Pub. L. 104-193, 
title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2148; amended Pub. L. 
105-33, title V, Sec. 5514(c), Aug. 5, 1997, 111 Stat. 620.)


                            Prior Provisions

    A prior section 610, act Aug. 14, 1935, ch. 531, title IV, Sec. 410, 
as added Oct. 21, 1976, Pub. L. 94-585, Sec. 1(a), 90 Stat. 2901; 
amended July 18, 1984, Pub. L. 98-369, div. B, title VI, 
Sec. 2663(c)(6), 98 Stat. 1166, related to food stamp program coupons, 
prior to repeal by Pub. L. 104-193, Sec. 103(a)(1), as amended by Pub. 
L. 105-33, title V, Sec. 5514(c), Aug. 5, 1997, 111 Stat. 620.
    Another prior section 610, act Aug. 14, 1935, ch. 531, title IV, 
Sec. 410, as added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 211(b), 
81 Stat. 897, provided for furnishing by Secretary to Secretary of the 
Treasury the names of parents contained in reports from State agencies, 
for ascertainment of addresses, and authorization for appropriations for 
such purpose, prior to repeal by Pub. L. 93-647, Sec. 101(c)(8), Jan. 4, 
1975, 88 Stat. 2360, eff. July 1, 1975.


                               Amendments

    1997--Pub. L. 105-33 made technical amendment to directory language 
of Pub. L. 104-193, Sec. 103(a)(1), which enacted this section.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-33 effective as if included in the 
provision of Pub. L. 104-193 amended at the time the provision became 
law, see section 5518(d) of Pub. L. 105-33, set out as a note under 
section 862a of Title 21, Food and Drugs.


                             Effective Date

    Section 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 
a note under section 601 of this title.
