Page:United States Statutes at Large Volume 70.djvu/983

 70 S T A T. ]

PUBLIC LAW 911-AUG. 2, 1956

927

" (b) The Commissioner shall approve any plan which he finds fulfills the conditions specified in subsection (a) of this section. "(c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this section, finds that— "(1) the State plan has been so changed that it no longer complies with a requirement of subsection (a) of this section; or "(2) in the administration of the plan there is a failure to comply substantially with such a requirement; the Commissioner shall notify such State agency that no further payments will be made to the State from its allotments under section 202 (or, in his discretion, that further payments will not be made to the State for parts of the State plan affected by such failure), until he is satisfied that there will no longer be any such failure. Until he is so satisfied the Commissioner shall make no further payments to such State from its allotments under section 202 (or shall limit payments to parts of the State plan in which there is no such failure). " (d)(1) If any State is dissatisfied with the Commissioner's action court'^^**^*'"°" °^ under subsection (c) of this section, such State may appeal to the United States court of appeals for the circuit in which the State is located. The summons and notice of appeal may be served at any place in the United States. "(2) The findings of fact by the Commissioner, unless substantially contrary to the weight of the evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action. Such new or modified findings of fact shall likewise be conclusive unless substantially contrary to the weight of the evidence. "(5) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254. « Stat. 928. "METHOD OF MAKING AND COMPUTING PAYMENTS

"SEC. 204. The method of computing and paying amounts pursuant to section 202 shall be as follows: The Commissioner shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State under the provisions of such section for such period; and shall pay to the State, from the allotment available therefor, the amount so estimated by him for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under such section was greater or less than the amount which should have been paid to the State for such prior period under such section. Such payments shall be made in such installments as the Commissioner may determine. "ADMINISTRATION

"SEC. 205. (a) In carrying out his duties under this title, the Commissioner shall— "(1) make studies, investigations, and reports with respect to matters relating to practical nurse training; "(2) cooperate with and render technical assistance to States in matters relating to practical nurse training; and

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