Page:United States Statutes at Large Volume 88 Part 2.djvu/1028

 2344

PUBLIC LAW 93-647-JAN. 4, 1975

[88

STAT.

respect to expenditures other than expenditures for personnel training or retraining directly related to the provision of services, equals the Ante, p. 2337. allotment of the State for that fiscal year under section 2002(a)(2). o'^ortunit''^^""^ "^^^ ^^^ ^^ ^^^ Secretary, after reasonable notice and an opportuoppor unity. ^^^^ ^^^ ^ hearing to the State, finds that there is a substantial failure to comply with any of the requirements imposed by subsections (a) and (b) of this section, he shall, except as provided in paragraph (2), notify the State that further payments will not be made to the State under section 2002 until he is satisfied that there will no longer be any such failure to comply, and until he is so satisfied he shall make no further payments to the State. Payments termi- «/£) x h e Secretary may suspend implementation of any termination, suspen-

sion.

42 USC 601, ^^°' i3g^^^'^ "^^'

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tion 01 payments under paragraph (1) tor such period as he determines appropriate and instead reduce the amount otherwise payable to the State under section 2002 for expenditures during that period by 3 per centum for each of subsections (a) and (b) of this section with respect to which there was a finding of substantial noncompliance and with respect to which he is not yet satisfied that there will no longer be any such failure to comply. " (d)(1) Each State which participates in the program established by this title shall have a plan applicable to its program for the provision of the services described m section 2002(a)(1) which— " (A) provides that an opportunity for a fair hearing before the appropriate State agency will be granted to any individual whose claim for any service described in section 2002(a)(1) is denied or is not acted upon with reasonable promptness; " (B) provides that the use or disclosure of information obtained in connection with administration of the State's program for the provision of the services described in section 2002(a)(1) concerning applicants for and recipients of those services will be restricted to purposes directly connected with the administration of that program, the plan of the State approved under part A of ti^ig lY^ the plan of the State developed under part B of that title, the supplemental security income program established by title X VI, or the plan of the State approved under title X IX; " (C) provides for the designation, by the chief executive officer of the State or as otherwise provided by the laws of the State, of an appropriate agency which will administer or supervise the administration of the State's program for the provision of the services described in section 2002(a)(1); " (D) provides that the State will, in the administration of its program for the provision of the services described in section 2002(a)(1), use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the program, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods; " (E) provides that no durational residency or citizenship requirement will be imposed as a condition to participation in the program of the State for the provision of the services described in section 2002(a)(1); " (F) provides, if the State program for the provision of the services described in section 2002(a)(1) includes services to individuals living in institutions or foster homes, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such

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