In general
Duties
Procedures for reviews
Procedures for monitoring
Areas of inquiry
Reports
section 721 of this titleIf the Commissioner issues a report detailing the findings of an annual review or onsite monitoring conducted under this section, the report shall be made available to the State Rehabilitation Council, if the State has such a Council, for use in the development and modification of the State plan described in .
Technical assistance
Failure to comply with plan
Withholding payments
Period
Until the Commissioner is so satisfied, the Commissioner shall make no further payments to such State under this subchapter (or shall reduce payments or limit payments to projects under those parts of the State plan in which there is no such failure).
Disbursal of withheld funds
section 721(a) of this titleThe Commissioner may, in accordance with regulations the Secretary shall prescribe, disburse any funds withheld from a State under paragraph (1) to any public or nonprofit private organization or agency within such State or to any political subdivision of such State submitting a plan meeting the requirements of . The Commissioner may not make any payment under this paragraph unless the entity to which such payment is made has provided assurances to the Commissioner that such entity will contribute, for purposes of carrying out such plan, the same amount as the State would have been obligated to contribute if the State received such payment.
Review
Petition
section 721(b) of this titlesection 2112 of title 28Any State that is dissatisfied with a final determination of the Commissioner under or subsection (c) may file a petition for judicial review of such determination in the United States Court of Appeals for the circuit in which the State is located. Such a petition may be filed only within the 30-day period beginning on the date that notice of such final determination was received by the State. The clerk of the court shall transmit a copy of the petition to the Commissioner or to any officer designated by the Commissioner for that purpose. In accordance with , the Commissioner shall file with the court a record of the proceeding on which the Commissioner based the determination being appealed by the State. Until a record is so filed, the Commissioner may modify or set aside any determination made under such proceedings.
Submissions and determinations
section 721(b) of this titleIf, in an action under this subsection to review a final determination of the Commissioner under or subsection (c), the petitioner or the Commissioner applies to the court for leave to have additional oral submissions or written presentations made respecting such determination, the court may, for good cause shown, order the Commissioner to provide within 30 days an additional opportunity to make such submissions and presentations. Within such period, the Commissioner may revise any findings of fact, modify or set aside the determination being reviewed, or make a new determination by reason of the additional submissions and presentations, and shall file such modified or new determination, and any revised findings of fact, with the return of such submissions and presentations. The court shall thereafter review such new or modified determination.
Standards of review
In general
Substantial evidence
Section 706 of title 5 shall apply to the review of any determination under this subsection, except that the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such determination if the court finds that the determination is not supported by substantial evidence in the record of the proceeding submitted pursuant to paragraph (1), as supplemented by any additional submissions and presentations filed under paragraph (2).
Pub. L. 93–112, title I, § 107Pub. L. 105–220, title IV, § 404112 Stat. 1157Pub. L. 113–128, title IV, § 417(a)128 Stat. 1654(, as added , , ; amended , , .)
Editorial Notes
Prior Provisions
Pub. L. 93–112, title I, § 107Pub. L. 102–569, title I, § 128(a)106 Stat. 4386Pub. L. 105–220A prior section 727, , as added , , , related to monitoring and review, prior to the general amendment of this subchapter by .
Amendments
Pub. L. 113–128, § 417(a)(1)(A)section 732 of this title2014—Subsec. (a)(3)(E). , inserted “, including personnel of a client assistance program under , and past or current recipients of vocational rehabilitation services” before period at end.
Pub. L. 113–128, § 417(a)(1)(B)(i)Subsec. (a)(4)(A), (B). , added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
“(A) the eligibility process;
“(B) the provision of services, including, if applicable, the order of selection;”.
Pub. L. 113–128, § 417(a)(1)(B)(ii)Subsec. (a)(4)(D), (E). –(iv), added subpar. (D) and redesignated former subpar. (D) as (E).
Pub. L. 113–128, § 417(a)(2)Subsec. (b)(3). , added par. (3).
Statutory Notes and Related Subsidiaries
Pub. L. 113–128Definitions of Terms in
section 3 of Pub. L. 113–128section 3102 of this titleExcept as otherwise provided, definitions in , which is classified to , apply to this section.