§ 304. Stopping payment on deviation from required provisions of plan or failure to comply therewith

612 words·~3 min read·/usc/title-42/section-304

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In the case of any State plan which has been approved under this subchapter by the Secretary, if the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds—

(1)that the plan has been so changed as to impose any age, residence, or citizenship requirement prohibited by section 302(b) of this title, or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or

(2)that in the administration of the plan there is a failure to comply substantially with any provision required by section 302(a) of this title to be included in the plan;

the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure) until the Secretary is satisfied that such prohibited requirement is no longer so imposed, and that there is no longer any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure).

(Aug. 14, 1935, ch. 531, title I, § 4, 49 Stat. 622; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(c), (d), 64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86–778, title VI, § 601(e), Sept. 13, 1960, 74 Stat. 991; Pub. L. 90–248, title II, § 245, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

Repeal of Section

Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.

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Aug. 14, 1935, ch. 531
49 Stat. 622
Aug. 28, 1950, ch. 809
64 Stat. 558
67 Stat. 631
Pub. L. 86–778, title VI, § 601(e)
74 Stat. 991
Pub. L. 90–248, title II, § 245
81 Stat. 918
Pub. L. 96–88, title V, § 509(b)
93 Stat. 695
Pub. L. 92–603, title III, § 303(a)
86 Stat. 1484
Pub. L. 90–248
Pub. L. 86–778
section 509(b) of Pub. L. 96–88
section 604 of Pub. L. 86–778

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§ 304

Stopping payment on deviation from required provisions of plan or failure to comply therewith

Stat. Comp.×2

Stat.×2

ActAug. 14, 1935, ch. 531

Stat.49 Stat. 622

ActAug. 28, 1950, ch. 809

Stat.64 Stat. 558

Stat.67 Stat. 631

Cites 21 · showing 9Cited by 4 across 2 sources