Title 42 — The Public Health and Welfare
Part B · Chapter 144 — Developmental Disabilities Assistance and Bill of Rights
§ 15027. Withholding of payments for planning, administration, and services
Statutory text
Whenever the Secretary, after providing reasonable notice and an opportunity for a hearing to the Council and the designated State agency, finds that—
the Council or agency has failed to comply substantially with any of the provisions required by section 15024 of this title to be included in the State plan, particularly provisions required by paragraphs (4)(A) and (5)(B)(vii) of section 15024(c) of this title, or with any of the provisions required by section 15025(b)(3) of this title; or
the Council or agency has failed to comply substantially with any regulations of the Secretary that are applicable to this part,
the Secretary shall notify such Council and agency that the Secretary will not make further payments to the State under section 15022 of this title (or, in the discretion of the Secretary, that further payments to the State under section 15022 of this title for activities for which there is such failure), until the Secretary is satisfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payments to the State under section 15022 of this title, or shall limit further payments under section 15022 of this title to such State to activities for which there is no such failure.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Developmental Disabilities Assistance and Bill of Rights Act of 2000
Pub. L. 106–402 title I § 127 · 114 Stat. 1677
Enacted · 42 U.S.C. § 15027
(Pub. L. 106–402, title I, § 127, Oct. 30, 2000, 114 Stat. 1711.)
Source evidence
Code source credit
(Pub. L. 106–402, title I, § 127, Oct. 30, 2000, 114 Stat. 1711.)Enacted provision · exact public law section
SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND SERVICES. Whenever the Secretary, after providing reasonable notice and an opportunity for a hearing to the Council and the designated State agency, finds that— (1) the Council or agency has failed to comply substantially with any of the provisions required by section 124 to be included in the State plan, particularly provisions required by paragraphs (4)(A) and (5)(B)(vii) of section 124(c), or with any of the provisions required by section 125(b)(3); or (2) the Council or agency has failed to comply substantially with any regulations of the Secretary that are applicable to this subtitle, the Secretary shall notify such Council and agency that the Secretary will not make further payments to the State under section 122 (or, in the discretion of the Secretary, that further payments to the State under section 122 for activities for which there is such failure), until the Secretary is satisfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payments to the State under section 122, or shall limit further payments under section 122 to such State to activities for which there is no such failure.
1 of 1 references resolved to an enrolled provision