• Part Number:
    1955
  • Part Number Title:
    Procedures for Withdrawal of Approval of State Plans
  • Subpart:
    1955 Subpart A
  • Subpart Title:
    General
  • Standard Number:
  • Title:
    Petitions for withdrawal of approval.
  • GPO Source:
1955.5(a)

At any time following the initial approval of a State plan under section 18(c) of the Act, any interested person may petition the Assistant Secretary in writing to initiate proceedings for withdrawal of approval of the plan under section 18(f) of the Act and this part. The petition shall contain a statement of the grounds for initiating a withdrawal proceeding, including facts to support the petition.

1955.5(b)
1955.5(b)(1)

The Assistant Secretary may request the petitioner for additional facts and may take such other actions as are considered appropriate such as:

1955.5(b)(1)(i)

Publishing the petition for public comment;

1955.5(b)(1)(ii)

Holding informal discussion on the issues raised by the petition with the State and other persons affected; or

1955.5(b)(1)(iii)

Holding an informal hearing in accordance with § 1902.13 of this chapter.

1955.5(b)(2)

Any such petition shall be considered and acted upon within a reasonable time. Prompt notice shall be given of the denial in whole or in part of any petition and the notice shall be accompanied by a brief statement of the grounds for the denial. A denial of a petition does not preclude future action on those issues or any other issues raised regarding a State plan.