Page:United States Statutes at Large Volume 122.djvu/1901

 12 2 STA T . 1 87 8 PUBLIC LA W 11 0– 2 46—J U NE 18, 2008 ofben ef its to h o u seho ld sb y the S t a tea g en c yinthe a p plicable fiscal yea r.‘ ‘ ( ii )FINALDET E RM INATI O N. —A fter re v ie w ing rel - evant infor m ation provided by a State agency , the Sec- retary shall ma k e a final determination— ‘‘( I ) whether the State agency overissued bene- fits to a substantial number of households as a result of a systemic error in the applicable fiscal year and ‘‘(II) as to the amount of the overissuance in the applicable fiscal year for which the State agency is liable. ‘‘(iii) ES TA B LIS H IN G A C LAIM.— U pon determining under clause (ii) that a State agency has overissued benefits to households due to a ma j or systemic error determined under subparagraph (A), the Secretary shall establish a claim against the State agency e q ual to the value of the overissuance caused by the systemic error. ‘‘(iv) ADMINISTRATI V E AND JU DICIAL REVIE W .— Administrative and judicial review, as provided in sec- tion 14, shall apply to the final determinations by the Secretary under clause (ii). ‘‘(v) R EMISSION TO THE SECRETAR Y .— ‘‘(I) D ETERMINATION NOT A P PEALED.—If the determination of the Secretary under clause (ii) is not appealed, the State agency shall, as soon as practicable, remit to the Secretary the dollar amount specified in the claim under clause (iii). ‘‘(II) DETERMINATION APPEALED.—If the deter- mination of the Secretary under clause (ii) is appealed, upon completion of administrative and judicial review under clause (iv), and a finding of liability on the part of the State, the appealing State agency shall, as soon as practicable, remit to the Secretary a dollar amount subject to the finding made in the administrative and judicial review. ‘‘(vi) ALTERNATIVE METHOD O F COLLECTION.— ‘‘(I) IN GENERAL.—If a State agency fails to make a payment under clause (v) within a reason- able period of time, as determined by the Sec- retary, the Secretary may reduce any amount due to the State agency under any other provision of this Act by the amount due. ‘‘(II) ACCRUAL OF INTEREST.—During the period of time determined by the Secretary to be reasonable under subclause (I), interest in the amount owed shall not accrue. ‘‘(vii) L IMITATION.—Any liability amount estab- lished under section 1 6 (c)(1)( C ) shall be reduced by the amount of the claim established under this subparagraph. ’ ’. Ap p licab ili ty.

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