Page:United States Statutes at Large Volume 112 Part 2.djvu/350

 112 STAT. 1234 PUBLIC LAW 105-220—AUG. 7, 1998 29 USC 796f-3. 29 USC 796f-4. any center receiving funds under this section is not in compliance with the standards and assurances set forth in section 725, the director of the designated State unit shall immediately notify such center that it is out of compliance. "(2) ENFORCEMENT.—The director of the designated State unit shall terminate all funds under this section to such center 90 days after— "(A) the date of such notification; or "(B) in the case of a center that requests an appeal under subsection (i), the date of any final decision under subsection (i), unless the center submits a plan to achieve compliance within 90 days and such plan is approved by the airector, or if appegJed, by the Commissioner. "(h) ONSITE COMPLIANCE REVIEW. —The director of the designated State unit shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living that receive funding under this section in the State. Each team that conducts onsite compliance review of centers for independent living shall include at least one person who is not an employee of the designated State agency, who has experience in the operation of centers for independent living, and who is jointly selected by the director of the designated State unit and the chairperson of or other individual designated by the Council acting on behalf of and at the direction of the Council. A copy of this review shall be provided to the Commissioner. "(i) ADVERSE ACTIONS.— I f the director of the designated State unit proposes to take a significant adverse action against a center for independent living, the center may seek mediation and conciliation to be provided by an individual or individuals who are free of conflicts of interest identified by the chairperson of or other individual designated by the Council. If the issue is not resolved through the mediation and conciliation, the center may appeal the proposed adverse action to the Commissioner for a final decision. "SEC. 724. CENTERS OPERATED BY STATE AGENCIES. "A State that receives assistance for fiscal year 1993 with respect to a center in accordance with subsection (a) of this section (as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1998) may continue to receive assistance under this part for fisced year 1994 or a succeeding fiscal year if, for such fiscal year— "(1) no nonprofit private agency— "(A) submits an acceptable application to operate a center for independent living for the fiscal year before a date specified by the Commissioner; and "(B) obtains approval of the application under section 722 or 723; or "(2) after funding all applications so submitted and approved, the Commissioner determines that funds remain available to provide such assistance. " SEC 725. STANDARDS AND ASSURANCES FOR CENTERS FOR INDEPENDENT LIVING. "(a) IN GENERAL. —Each center for independent living that receives assistance under this pgirt shall comply with the standeirds set out in subsection (b) and provide and comply with the assurances set out in subsection (c) in order to ensure that all programs

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