Page:United States Statutes at Large Volume 79.djvu/263

 79 STAT. ]

PUBLIC LAW 89-73-JULY 14, 1965

223

The Secretary shall not finally disapprove any State plan, or any modification thereof submitted under this section without first affordi]ig the State reasonable notice and opportunity for a hearing. (b) Whenever the Secretary, after reasonable notice and oppor- cancellation"' tunity for hearing to the State agency administering or supervising paymentsT the administration of a State plan approved under subsection (a), finds that— (1) the State plan has been so changed that it no longer complies with the provisions of subsection (a), or (2) in the administration of the plan there is a failure to comply substantially with any such provision, the Secretary shall notify such State agency that no further payments will be made to the State under this title (or, in his discretion, that further payments to the State will be limited to projects under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, no further payments shall be made to such State under this title (or payments shall be limited to projects under or portions of the State plan not affected by such failure). (c) A State which is dissatisfied with a final action of the Secretary Appeal. under subsection (a) or (b) may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court 72 Stat. 941. shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his order. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The com- 62 Stat. 928. mencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Secretary's action. COSTS OF STATE P L A N ADMINISTRATION

SEC. 304. From a State's allotment under section 302 for a fiscal year, not more than 10 per centum or $15,000, whichever is the larger, shall be available for paying one-half (or such smaller portion as the State may reque^) of the costs of the State agency (established or designated as provided in section 303(a)(1)) m administering the State plan approved under section 303, including the costs of carrying on the functions referred to in subsection (a)(3) thereof.

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