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income and financial resources suficient for more than ordinary needs; or

(4) Recovery would be against equity and good conscience.

(b) In determining an individual's resources, any claim which he has against any individual, trust or estate, partnership, corporation, or government shall he considered, and assignment to the United States of such claims shall be taken in appropriate cases.

(c) A determination that an individual is not required to repay the cost of temporary assistance shall be final and binding, unless such determination was procured by fraud or misrepresentation of the individual or some other person, or the individual voluntarily offers to repay.

(d) A determination that an individual is required to repay any ox all of the cost of temporary assistance may be reconsidered at any time prior to repayment of the required amount. A further determination shall be made with respect to his liability to repay the balance of such amount on the basis of new evidence as to whether (1) he has, or is expected within a reasonable time to have, income and financial resources sufficient for more than ordinary needs, or (2) recovery would be against equity and good conscience. § 212.8 Federal payments.

The agreement made by the Director with an agency for carrying out the purposes of the Act shall provide for payment to such agency, either in advance or by way of reimbursement, of the cost of temporary assistance provided pursuant to the Act, and payment of the cost of other expeditures necessarily and reasonably related to providing the same. Such agreement shall include the method for determining such costs, as well as the methods and procedures for determining the amounts of advances or reimbursement and for remittance and adjustment thereof. $ 212.9 Disclosure of information.

(a) No disclosures of any information with respect to an individual obtained at any time by any person, organization, or institution in the course of discharging the duties of the Secretary under the Act shall be made except insofar:

(1) As the individual or his legal guardian, if any (or, if he is a minor, his parent or legal guardian), shall consent;

(2) As disclosure may be necessary to carry out any functions of the Secretary under the Act;

(3) As disclosure may be necessary to carry out any functions of any agency of the United States which are related to the return of the individual from a foreign country, or his entry into the United States; or

(4) As expressly authorized by the Commissioner of Welfare.

(b) An agreement made with an agency for the provision of temporary assistance pursuant to the Act shall provide that no disclosure will be made of any information received by such agency in the course of discharging the duties under such agreement except as is provided therein, or is otherwise specifically authorized by the Commissioner of Welfare. § 212.10 Nondiscrimination.

(a) No eligible person shall, on the ground of race, color, or national origin, be excluded from participation, be denied any benefits, or otherwisc be subjected to discrimination of any nature or form in the provision of any benefits, under the Act.

(b) The prohibition in paragraph (a) of this section precludes discrimination either in the selection of individuals to receive the benefits, in the scope of benefits, or in the manner of providing them. It extends to all facilities and services provided by the Bureau or an agency to an individual, and to the arrangements and the procedures under this part relating thereto, in connection with reception and temporary assistance under the Act.

PART 213-PRACTICE AND PROCE

DURE FOR HEARINGS TO STATES
ON CONFORMITY OF PUBLIC AS-
SISTANCE PLANS TO FEDERAL
REQUIREMENTS

Subpart A-General Sec. 213.1 Scope of rules. 213.2 Records to be public. 213.3 Use of gender and number. 213.4 Suspension of rules. 213.5 Filing and service of papers. Subpart B-Preliminary Matters-Notice and

Parties 213.11 Notice of hearing or opportunity for

hearing. 213.12 Time of hearing. 213.13 Place.

Sec.

§ 213.3 Use of gender and number. 213.14 Issues at hearing. 213.15 Request to participate in hearing.

As used in this part, words importing

the singular number may extend and be Subpart C-Hearing Procedures

applied to several persons or things, and 213.21 Who presides.

vice versa. Words importing the mascu213.22 Authority of presiding officer.

line gender may be applied to females 213.23 Rights of parties.

or organizations. 213.24 Evidentiary purpose.

§ 213.4 Suspension of rules. 213.25 Evidence. 213.26 Exclusion from hearing for miscon Upon notice to all parties, the Adminduct.

istrator or the presiding officer, with re213.27 Unsponsored written material.

spect to matters pending before him and 213.28 Official transcript.

within his jurisdiction, may modify or 213.29 Record for decision.

waive any rule in this part upon determiSubpart D- Posthearing Procedures, Decisions

nation that no party will be unduly

prejudiced and the ends of justice will 213.31 Posthearing briefs.

thereby be served. 213.32 Decisions following hearing. 213.33 Effective date of Administrator's de § 213.5 Filing and service of papers. cision.

(a) All papers in the proceedings shall AUTHORITY: The provisions of this Part 213

be filed with the SRS Hearing Clerk, in issued under sec. 1102, 49 Stat. 647; 42 U.S.C.

an original and two copies. Originals 1302.

only of exhibits and transcripts of testiSOURCE: The provisions of this Part 213

mony need be filed. appear at 36 F.R. 1454, Jan. 29, 1971, unless

(b) All papers in the proceedings shall otherwise noted.

be served on all parties by personal deSubpart A—General

livery or by mail. Service on the party's

designated attorney will be deemed serv§ 213.1 Scope of rules.

ice upon the party. (a) The rules of procedure in this

Subpart B-Preliminary Matters-part govern the practice for hearings afforded by the Department to States

Notice and parties pursuant to § 201.4 or ş 201.6 (a) or (b) § 213.11 Notice of hearing or opportuof this chapter, and the practice relating nity for hearing. to decisions upon such hearings. These

Proceedings are commenced by mailing rules may also be applied to hearings

a notice of hearing or opportunity for afforded by the Department to States

hearing from the Administrator to the in other Federal-State programs for

State. The notice shall state the time which Federal administrative responsi

and place for the hearing, and the issues bility has been delegated to the Service.

which will be considered, and shall be (b) Nothing in this part is intended

published in the FEDERAL REGISTER. to preclude or limit negotiations between the Department and the State, whether § 213.12 Time of hearing. before, during, or after the hearing, The hearing shall be scheduled not less to resolve the issues which are, or other than 30 days nor more than 60 days after wise would be, considered at the hear the date notice of the hearing is furing. Such negotiations and resolution of nished to the State. issues are not part of the hearing, and

§ 213.13 Place. are not governed by the rules in this part, except as expressly provided herein. The hearing shall be held in the city

in which the regional office of the De§ 213.2 Records to be public.

partment is located or in such other All pleadings, correspondence, exhibits, place as is fixed by the Administrator transcripts of testimony, exceptions, in light of the circumstances of the case, briefs, decisions, and other documents with due regard for the convenience filed in the docket in any proceeding and necessity of the parties or their may he inspected and copied in the of representatives. fice of the SRS Hearing Clerk. Inquiries

$ 213.14 Issues at hearing. may be made at the Central Information Center, Department of Health, Ed (a) The Administrator may, prior to ucation, and Welfare, 330 Independence hearing under $ 201.6 (a) or (b) of this Avenue SW., Washington, DC 20201. chapter, notify the State in writing of

additional issues which will be consid sues to be considered at the hearing have ered at the hearing, and such notice caused them injury and their interest is shall be published in the FEDERAL REGIS within the zone of interests to be proTER. If such notice is furnished to the tected by the governing Federal statute. State less than 20 days before the date (2) Any individual or group wishing of the hearing, the State or any other to participate as a party shall file a petiparty, at its request, shall be granted a tion with the SRS Hearing Clerk within postponement of the hearing to a date 15 days after notice of the hearing 20 days after such notice was furnished, has been published in the FEDERAL REGor such later date as may be agreed to ISTER, and shall serve a copy on each by the Administrator.

party of record at that time, in accord(b) If, as a result of negotiations be ance with § 213.5(b). Such petition shall tween the Department and the State, concisely state (i) petitioner's interest the submittal of a plan amendment, a in the proceeding, (ii) who will appear change in the State program, or other ac for petitioner, (iii) the issues on which tions by the State, any issue is resolved petitioner wishes to participate, and in whole or in part, but new or modified (iv) whether petitioner intends to preissues are presented, as specified by the sent witnesses. Administrator, the hearing shall proceed (3) Any party may, within 5 days of on such new or modified issues.

receipt of such petition, file comments (c) (1) If at any time, whether prior

thereon. to, during, or after the hearing, the Ad (4) The presiding officer shall ministrator finds that the State has promptly determine whether each peticome into compliance with Federal re tioner has the requisite interest in the quirements on any issue, in whole or in proceedings and shall permit or deny part, he shall remove such issue from the participation accordingly. Where petiproceedings in whole or in part, as may tions to participate as parties are made be appropriate. If all issues are removed, by individuals or groups with common he shall terminate the hearing.

interests, the presiding officer may re(2) Prior to the removal of any issue

quest all such petitioners to designate a from the hearing, in whole or in part, the

single representative, or he may recogAdministrator shall provide all parties

nize one or more of such petitioners to other than the Department and the State represent all such petitioners. The pre(see $ 213.15(b)) with the statement of siding officer shall give each petitioner his intention, and the reasons therefor,

written notice of the decision on his and a copy of the proposed State plan petition, and if the petition is denied, provision on which the State and he have he shall briefly state the grounds for settled, and the parties shall have oppor denial. tunity to submit in writing within 15

(c) (1) Any interested person or ordays, for the Administrator's consider ganization wishing to participate as ation and for the record, their views as to,

amicus curiae shall file a petition with or any information bearing upon, the

the SRS Hearing Clerk before the commerits of the proposed plan provision and

mencement of the hearing. Such petithe merits of the Administrator's reasons tion shall concisely state (i) the petifor removing the issue from the hearing.

tioner's interest in the hearing, (ii) who (d) The issues considered at the will represent the petitioner, and (iii) hearing shall be limited to those issues of

the issues on which petitioner intends which the State is notified as provided in

to present argument. The presiding $ 213.11 and paragraph (a) of this sec officer may grant the petition if he finds tion, and new or modified issues de that the petitioner has a legitimate inscribed in paragraph (b) of this section, terest in the proceedings, that such parand shall not include issues or parts of ticipation will not unduly delay the outissues removed from the proceedings pur come and may contribute materially to suant to paragraph (c) of this section.

the proper disposition of the issues. An § 213.15 Request to participate in hear

amicus curiae is not a party but may ing.

participate as provided in this para(a) The Department and the State

graph. are parties to the hearing without mak (2) An amicus curiae may present a ing a specific request to participate. brief oral statement at the hearing, at

(b) (1) Other individuals or groups the point in the proceedings specified may be recognized as parties, if the is by the presiding officer. He may submit

on

a written statement of position to the (11) If the presiding officer is a hearpresiding officer prior to the beginning ing examiner, certify the entire record of a hearing, and shall serve a copy on including his recommended findings and each party. He may also submit a brief proposed decision to the Administrator. or written statement at such time as the (12) Take any action authorized by parties submit briefs, and shall serve a the rules in this part or in conformance copy on each party.

with the provisions of 5 U.S.C. 551-559.

(b) The presiding officer does not have Subpart C-Hearing Procedures

authority to compel by subpena the § 213.21 Who presides.

production of witnesses, papers, or other

evidence. (a) The presiding officer at a hearing shall be the Administrator or, at his

(c) If the presiding officer is a hear

ing examiner, his authority pertains to discretion a hearing examiner assigned under 5 U.S.C. 3105 or 3344.

the issues of compliance by a State with

Federal requirements which are to be (b) The designation of the presiding officer shall coin writing. A copy of the

considered at the hearing, and does not

extend to the question of whether, in case designation shall be served

all

of any noncompliance, Federal payments parties.

will not be made in respect to the entire § 213.22 Authority of presiding officer. State plan or will be limited to categories (a) The presiding officer shall have

under or parts of the State plan affected the duty to conduct a fair hearing, to

by such noncompliance. avoid delay, maintain order, and make § 213.23 Right of parties. a record of the proceedings. He shall

All parties may: have all powers necessary to accomplish

(a) Appear by counsel or other authese ends, including, but not limited to,

thorized representative, in all hearing the power to:

proceedings. (1) Change the date, time, and place

(b) Participate in of the hearing, upon due notice to the

any prehearing

conference held by the presiding officer. parties. This includes the power to con

(c) Agree to stipulations as to facts tinue the hearing in whole or in part.

which will be made a part of the record. In hearings pursuant to section 1116(a) (2) of the Social Security Act (see

(d) Make opening statements at the

hearing. § 201.4 of this chapter), changes of time

(e) Present relevant evidence on the are subject to the requirements of the statute.

issues at the hearing. (2) Hold conferences to settle or sim

(f) Present witnesses who then must plify the issues in a proceeding, or to

be available for cross-examination by all consider other matters that may aid

other parties. in the expeditious disposition of the

(g) Present oral arguments at the proceeding.

hearing. (3) Regulate participation of

(h) Submit written briefs, proposed and amici curiae and require parties and findings of fact, and proposed concluamici curiae to state their position with sions of law, after the hearing. respect to the various issues in the

§ 213.24 Evidentiary purpose. proceeding. (4) Administer oaths and affirma

The hearing is directed to receiving tions.

factual evidence and expert opinion tes(5) Rule on motions and other pro

timony related to the issues in the procedural items on matters pending be

ceeding. Argument will not be received fore him.

in evidence; rather it should be pre

sented in statements, memoranda, or (6) Regulate the course of the hearing and conduct of counsel therein.

briefs, as determined by the presiding

officer. Brief opening statements, which (7) Examine witnesses.

shall be limited to statement of the (8) Receive, rule on, exclude or limit

party's position and what he intends to evidence.

prove, may be made at hearings. (9) Fix the time for filing motions, petitions, briefs, or other items in mat

§ 213.25 Evidence. ters pending before him.

(a) Testimony. Testimony shall be (10) If the presiding officer is the given orally under oath or affirmation by Administrator, make a final decision. witnesses at the hearing. Witnesses shall

be available at the hearing for cross partment and the reporter. Upon notice examination by all parties.

to all parties, the presiding officer may (b) Stipulations and exhibits. Two or authorize corrections to the transcript more parties may agree to stipulations which involve matters of substance. of fact. Such stipulations, or any exhibit

§ 213.29 Record for decision. proposed by any party, shall be exchanged at the prehearing conference The transcript of testimony, exhibits, or otherwise prior to the hearing if the

and all papers and requests filed in the presiding officer so requires.

proceedings, except the correspondence (c) Rules of evidence. Technical rules

section of the docket, including rulings of evidence shall not apply to hearings

and any recommended or initial decision conducted pursuant to this part, but

shall constitute the exclusive record for rules or principles designed to assure

decision. production of the most credible evidence

Subpart D—Posthearing Procedures, available and to subject testimony to

Decisions test by cross-examination shall be applied where reasonably necessary by the § 213.31 Posthearing briefs. presiding officer. A witness may be cross The presiding officer shall fix the time examined on any matter material to the

fc filing posthearing briefs, which may proceeding without regard to the scope contain proposed findings of fact and of his direct examination. The presiding conclusions of law, and, if permitted, officer may exclude irrelevant, immate reply briefs. rial, or unduly repetitious evidence. All documents and other evidence offered or

& 213.32 Decisions following hearing. taken for the record shall be open to (a) If the Administrator is the presidexamination by the parties and oppor ing officer, he shall, when the time for tunity shall be given to refute facts and

submission of posthearing briefs has exarguments advanced on either side of

pired, issue his decision within 60 days. the issues.

(b) (1) If a hearing examiner is the § 213.26 Exclusion from hearing for

presiding officer, he shall, when the time misconduct.

fo. submission of posthearing briefs has Disrespectful, disorderly, or contuma

expireä, certify the entire record, in

cluding his recommended findings and cious language or contemptuous conduct,

proposed decision, to the Administrator. refusal to comply with directions, or con

The Administrator shall serve a copy of tinued use of dilatory tactics by any per

the recommended findings and proposed son at the hearing before a presiding officer shall constitute grounds for im

decision upon all parties, and amici, mediate exclusion of such person from the hearing by the presiding officer.

(2) Any party may, within 20 days,

file with the Administrator exceptions § 213.27 Unsponsored written material. to the recommended findings and proLetters expressing views or urging ac

posed decision and a supporting brief tion and other unsponsored written ma

or statement. terial regarding matters in issue in a

(3) The Administrator shall therehearing will be placed in the correspond

upon review the recommended decision ence section of the docket of the proceed

aid, within 60 days of its issuance, issue ing. These data are not deemed part of

his own decision. the evidence or record in the hearing.

(c) If the Administrator concludes

that a State plan does not comply with § 213.28 Official transcript.

Federal requirements, he shall also, in The Department will designate the the case of a hearing pursuant to $ 201.6 official reporter for all hearings. The (a) of this chapter, specify whether official transcripts of testimony taken, further payments will not be made to tugether with any stipulations, exhibits, the State or whether, in the exercise of briefs, or memoranda of law filed there his discretion, payments will be limited with shall be filed with the Department. to categories under or parts of the State Transcripts of testimony in hearings plan not affected by such noncomplimay be obtained from the official re ance. The Administrator may ask the porter by the parties and the public at parties for recommendations or briefs rates not to exceed the maximum rates or may hold conferences of the parties fixed by the contract between the De on this question.

if any.

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