20 USC 1234d - Withholding

U.S Code last checked for updates: Nov 22, 2024

§ 1234d.

Withholding

(a)

Discretionary authority over further payments under applicable program

(b)

Notice requirements

Before withholding payments, the Secretary shall notify the recipient, in writing, of—

(1)

the intent to withhold payments;

(2)

the factual and legal basis for the Secretary’s belief that the recipient has failed to comply substantially with a requirement of law; and

(3)

an opportunity for a hearing to be held on a date at least 30 days after the notification has been sent to the recipient.

(c)

Hearing

(d)

Suspension of payments, authorities, etc.

(e)

Findings of fact

(f)

Final agency action

The decision of the Office in any hearing under this section shall become final agency action 60 days after the recipient receives written notice of the decision unless the Secretary either—

(1)

modifies or sets aside the decision, in whole or in part, in which case the decision of the Secretary shall become final agency action when the recipient receives written notice of the Secretary’s action; or

(2)

remands the decision of the Office.

(Pub. L. 90–247, title IV, § 455, as added Pub. L. 95–561, title XII, § 1232, Nov. 1, 1978, 92 Stat. 2350; amended Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 354.)

cite as: 20 USC 1234d