Page:United States Statutes at Large Volume 115 Part 2.djvu/757

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1741 "(18) describes how the chief executive officer of the State will award funds under section 4112(a) and implement a plan for monitoring the performance of, and providing technical assistance to, recipients of such funds; and "(19) includes any other information the Secretary may require. "(b) INTERIM APPLICATION.— "(1) AUTHORITY.— Notwithstanding any other provision of this section, a State may submit for fiscal year 2002 a 1- year interim application and plan for the use of funds under this subpart that is consistent with the requirements of this section and contains such information as the Secretary may specify in regulations. "(2) PURPOSE. —The purpose of such interim application and plan shall be to afford the State the opportunity to fully develop and review such State's application and comprehensive plan otherwise required by this section. "(3) EXCEPTION. —^A State may not receive a grant under this subpart for a fiscal year after fiscal year 2002 unless the Secretary has approved such State's application and comprehensive plan as described in subsection (a). " (c) APPROVAL PROCESS. — "(1) DEEMED APPROVAL.—An application submitted by a State pursuant to this section shall undergo peer review by the Secretary and shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart. "(2) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency and the chief executive officer of the State notice and an opportunity for a hearing. "(3) NOTIFICATION. — If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— "(A) give the State educational agency and the chief executive officer of the State notice and an opportunity for a hearing; and "(B) notify the State educational agency and the chief executive officer of the State of the finding of noncompliance, and in such notification, shall— "(i) cite the specific provisions in the application that are not in compliance; and "(ii) request additional information, only as to the noncompliant provisions, needed to make the application compliant. "(4) RESPONSE.— If the State educational agency and the chief executive officer of the State respond to the Secretary's notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, and resubmit the application with the requested information described in paragraph (3)(B)(ii), the Secretary shall approve or disapprove such application prior to the later of— "(A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or

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