45 CFR § 1321.31 - Appeal to Commissioner.
This section sets forth the procedures the Commissioner follows for providing hearings to applicants for designation as a planning and service area, under § 1321.29(a), whose application is denied by the State agency.
(a) Any applicant for designation as a planning and service area under § 1321.29(a) whose application is denied, and who has been provided a hearing and a written decision by the State agency, may appeal the denial to the Commissioner in writing within 30 days following receipt of a State's hearing decision.
(b) The Commissioner, or the Commissioner's designee, holds a hearing, and issues a written decision, within 60 days following receipt of an applicant's written request to appeal the State agency hearing decision to deny the applicant's request under § 1321.29(a).
(c) When the Commissioner receives an appeal, the Commissioner requests the State Agency to submit:
(1) A copy of the applicant's application for designation as a planning and service area;
(2) A copy of the written decision of the State; and
(3) Any other relevant information the Commissioner may require.
(d) The procedures for the appeal consist of:
(1) Prior written notice to the applicant and the State agency of the date, time and location of the hearing;
(2) The required attendance of the head of the State agency or designated representatives;
(3) An opportunity for the applicant to be represented by counsel or other representative; and
(4) An opportunity for the applicant to be heard in person and to present documentary evidence.
(e) The Commissioner may:
(1) Deny the appeal and uphold the decision of a State agency;
(2) Uphold the appeal and require a State agency to designate the applicant as a planning and service area; or
(3) Take other appropriate action, including negotiating between the parties or remanding the appeal to the State agency after initial findings.
(f) The Commissioner will uphold the decision of the State agency if it followed the procedures specified in § 1321.29, and the hearing decision is not manifestly inconsistent with the purpose of this part.
(g) The Commissioner's decision to uphold the decision of a State agency does not extend beyond the period of the approved State plan.