RULE 281-120.228 - Subsequent state application and modifications of application

RULE 281-120.228. Subsequent state application and modifications of application

(1) Subsequent state application. If the state has on file with the Secretary a policy, procedure, method, or assurance that demonstrates that the state meets an application requirement in this chapter, including any policy, procedure, method, or assurance filed under this chapter (as in effect before the date of enactment of the Act, December 3, 2004), the Secretary considers the state to have met that requirement for purposes of receiving a grant under Part C of the Act.

(2) Modification of application. An application submitted by the state that meets the requirements of this chapter remains in effect until the state submits to the Secretary such modifications as the state determines necessary. This rule applies to a modification of an application to the same extent and in the same manner as this subrule applies to the original application.

(3) Modifications required by the Secretary. The Secretary may require the state to modify its application under Part C of the Act to the extent necessary to ensure the state's compliance with Part C of the Act if:

a. An amendment is made to the Act or to a federal regulation issued under the Act;

b. A new interpretation of the Act is made by a federal court or the state's highest court; or

c. An official finding of noncompliance with federal law or regulations is made with respect to the state.

(ARC 0100C, IAB 4/18/12, effective 5/23/12)

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