§ 610. Appeal of adverse decision
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/usc/title-42/section-610A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general Within 5 days after the date the Secretary takes any adverse action under this part with respect to a State, the Secretary shall notify the chief executive officer of the State of the adverse action, including any action with respect to the State plan submitted under section 602 of this title or the imposition of a penalty under section 609 of this title.
(b)Administrative review
(1)In general Within 60 days after the date a State receives notice under subsection
(a)of an adverse action, the State may appeal the action, in whole or in part, to the Departmental Appeals Board established in the Department of Health and Human Services (in this section referred to as the “Board”) by filing an appeal with the Board.
(2)Procedural rules The Board shall consider an appeal filed by a State under paragraph
(1)on the basis of such documentation as the State may submit and as the Board may require to support the final decision of the Board. In deciding whether to uphold an adverse action or any portion of such an action, the Board shall conduct a thorough review of the issues and take into account all relevant evidence. The Board shall make a final determination with respect to an appeal filed under paragraph
(1)not less than 60 days after the date the appeal is filed.
(c)Judicial review of adverse decision
(1)In general Within 90 days after the date of a final decision by the Board under this section with respect to an adverse action taken against a State, the State may obtain judicial review of the final decision (and the findings incorporated into the final decision) by filing an action in—
(A)the district court of the United States for the judicial district in which the principal or headquarters office of the State agency is located; or
(B)the United States District Court for the District of Columbia.
(2)Procedural rules The district court in which an action is filed under paragraph
(1)shall review the final decision of the Board on the record established in the administrative proceeding, in accordance with the standards of review prescribed by subparagraphs
(A)through
(E)of section 706(2) of title 5. The review shall be on the basis of the documents and supporting data submitted to the Board.
(Aug. 14, 1935, ch. 531, title IV, § 410, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2148; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620.)
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Cited by 14 sections · top 13
U.S. Code
statutes-at-large
- Public Law 94–585To amend the Social Security Act with respect to food stamp purchases by welfare recipients
- Public Law 90–556
- Public Law 91–667
- Public Law 92–76
- Public Law 91–204
- Public Law 104–193To provide for reconciliation pursuant to section 201(a)(1) of the concurrent resolution on the budget for fiscal year 1997
- Public Law 98–369To provide for tax reform, and for deficit reduction
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statute-compilations
19 references not yet in our index
- Aug. 14, 1935, ch. 531
- Pub. L. 104–193, title I, § 103(a)(1)
- 110 Stat. 2148
- Pub. L. 105–33, title V, § 5514(c)
- 111 Stat. 620
- act Aug. 14, 1935, ch. 531, title IV, § 410
- Pub. L. 94–585, § 1(a)
- 90 Stat. 2901
- Pub. L. 98–369, div. B, title VI, § 2663(c)(6)
- 98 Stat. 1166
- Pub. L. 104–193, § 103(a)(1)
- Pub. L. 90–248, title II, § 211(b)
- 81 Stat. 897
- Pub. L. 93–647, § 101(c)(8)
- 88 Stat. 2360
- Pub. L. 105–33
- Pub. L. 104–193
- section 5518(d) of Pub. L. 105–33
- section 116 of Pub. L. 104–193
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cites case law
§ 610
Appeal of adverse decision
Stat.×8
Bills×2
Stat. Comp.×2
Fed. Reg.×1
U.S.C.×1
ActAug. 14, 1935, ch. 531
Pub. L.Pub. L. 104–193, title I, § 103(a)(1)
Stat.110 Stat. 2148
Pub. L.Pub. L. 105–33, title V, § 5514(c)
Stat.111 Stat. 620
Cites 24 · showing 10Cited by 14 across 5 sources