29 U.S. Code § 796d–1 - Responsibilities of Commissioner
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(a) Approval of State plans
(1) In general
The Commissioner shall approve any State plan submitted under section 796c of this title that the Commissioner determines meets the requirements of section 796c of this title, and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Commissioner shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing.
(A) In general
Not later than October 1, 1993, the Commissioner shall develop and publish in the Federal Register indicators of minimum compliance consistent with the standards set forth in section 796f–4 of this title.
(c) Onsite compliance reviews
The Commissioner shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living that receive funds under section 796f–1 of this title and shall periodically conduct such a review of each such center. The Commissioner shall annually conduct onsite compliance reviews of at least one-third of the designated State units that receive funding under section 796f–2 of this title, and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) ofsection 796f–2 of this title, centers that receive funding under section 796f–2 of this title in such State. The Commissioner shall select the centers and State units described in this paragraph for review on a random basis.
(2) Qualifications of employees conducting reviews
The Commissioner shall—
(A) to the maximum extent practicable, carry out such a review by using employees of the Department who are knowledgeable about the provision of independent living services;
(B) ensure that the employee of the Department with responsibility for supervising such a review shall have such knowledge; and
The Commissioner shall include, in the annual report required under section 710 of this title, information on the extent to which centers for independent living receiving funds under subpart 3 have complied with the standards and assurances set forth in section 796f–4 of this title. The Commissioner may identify individual centers for independent living in the analysis. The Commissioner shall report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under this part.
Source(Pub. L. 93–112, title VII, § 706, as added Pub. L. 105–220, title IV, § 410,Aug. 7, 1998, 112 Stat. 1223.)
A prior section 796d–1,Pub. L. 93–112, title VII, § 706, as added Pub. L. 102–569, title VII, § 701(2),Oct. 29, 1992, 106 Stat. 4448; amended Pub. L. 103–73, title I, § 114(d),Aug. 11, 1993, 107 Stat. 729, related to responsibilities of Commissioner, prior to the general amendment of this subchapter by Pub. L. 105–220.
Another prior section 796d–1,Pub. L. 93–112, title VII, § 706, as added Pub. L. 99–506, title VIII, § 803(a),Oct. 21, 1986, 100 Stat. 1837; amended Pub. L. 100–630, title II, § 208(e),Nov. 7, 1988, 102 Stat. 3314, provided for a State Independent Living Council, prior to repeal by Pub. L. 102–569, § 701(1).