Page:United States Statutes at Large Volume 108 Part 1.djvu/105

 PUBLIC LAW 103-218—MAR. 9, 1994 108 STAT. 79 "(2) FAILURE TO APPOINT MONITORING PAJEL.— A failure by a Governor of a State to comply with the requirements of paragraph (1) shall result in the termination of funding for the State under this title. "(3) DETERMINATION.— "(A) PANEL.— Based on its findings, a monitoring panel may determine that a lead agency designated by a Governor has not accomplished the purposes described in section 2(b)(1) and that there is good cause for redesignation of the agency and the temporary loss of funds by the State under this title. "(B) GOOD CAUSE.— In this paragraph, the term 'good cause'includes— "(i) lack of progress with employment of qualified staff; "(ii) lack of consumer-responsive activities; "(iii) lack of resource allocation to systems change and advocacy activities; "(iv) lack of progress with meeting the assurances in section 102(e); or "(v) inadequate fiscal management. "(C) RECOMMENDATION AND ACTION.— If a monitoring panel makes such a determination, the panel shall recommend to the Secretary that further remedial action be taken or that the Secretary order the Governor to redesignate the lead agency within 90 days or lose funds under this title. The Secretary, based on the findings and recommendations of the monitoring panel, and after providing to the public notice and an opportunity for comment, shall make a final determination regarding whether to order the Governor to redesignate the lead agency. The Governor shall make any such redesignation in accordance with the requirements that apply to designations under section 102(d). "(d) CHANGE OF PROTECTION AND ADVOCACY SERVICES PRO- VIDER.— " (1) DETERMINATION.— The Governor of a State, based on input from individuals with disabilities and their family members, guardians, advocates, or authorized representatives, may determine that the entity providing protection and advocacy services required by section 102(e)(20) (referred to in this subsection as the 'first entity") has not met the protection and advocacy service needs of the individuals with disabilities and their family members, guardians, advocates, or authorized representatives, for securing funding for and access to assistive technology devices and assistive technology services, and that there is good cause to provide the protection and advocacy services for the State through a contract with a second entity. " (2) NOTICE AND OPPORTUNITY TO BE HEARD.— On making such a determination, the Governor may not enter into a contract with a second entity to provide the protection and advocacy services unless good cause exists and unless— "(A) the Governor has given the first entity 30 days notice of the intention to enter into such contract, including specification of the good cause, and an opportunity to respond to the assertion that good cause has been shovoi;

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