[Federal Register Volume 60, Number 212 (Thursday, November 2, 1995)] [Notices] [Pages 55718-55719] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-27239] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families; Appeal AGENCY: Administration for Children and Families (ACF), HHS. ACTION: Notice of appeal. ----------------------------------------------------------------------- SUMMARY: By designation of the Administration for Children and Families, a member of the Departmental Appeals Board will be presiding officer for an appeal pursuant to 45 CFR Part 213 concerning the Administration for Children and Families' disapproval of a State plan amendment submitted by the State of Ohio. The State of Ohio and the Administration for Children and Families have agreed that there are no disputed issues of fact, and that an in- person evidentiary hearing is unnecessary. The presiding officer therefore proposes to consider the appeal based on written briefs without convening an in-person evidentiary hearing. REQUESTS TO PARTICIPATE: Requests to participate as a party or as an amicus curiae must be submitted to the Departmental Appeals Board in the form specified at 45 CFR 213.15 within fifteen days after this publication. FOR FURTHER INFORMATION CONTACT: Carolyn Reines-Graubard, Departmental Appeals Board, Department of Health and Human Services, Room 637-D, Hubert H. Humphrey Building, 200 Independence Avenue, S.W., Washington, D.C. 20201. Telephone Number: (202) 690-8014. SUPPLEMENTARY INFORMATION: Notice of appeal is hereby given as set forth in the following letter, which has been sent to the State of Ohio. Washington, D.C., [date] Karen Lazorishak Assistant Attorney General 30 East Broad Street 26th Floor Columbus, Ohio 43215-3428 Sheila Swanson Assistant Regional Counsel [[Page 55719]] Office of the General Counsel DHHS--Region V 105 West Adams Street, 19th Floor Chicago, Illinois 60603 Dear Counsel: This letter is in response to the State of Ohio Department of Human Services' request for reconsideration, dated December 1, 1994, of the Administration for Children and Families' (ACF) disapproval of the State's proposed amendment to its plan for implementing title IV-A of the Social Security Act (Aid to Families with Dependent Children, or AFDC) submitted as Transmittal #94-AFDC- 01. Section 402(a)(22) of the Social Security Act requires a state to promptly take all necessary steps to correct any overpayment of aid under the State plan. The section specifically provides that in the case of an overpayment ``to an individual who is a current recipient of such aid * * * , recovery will be made by repayment by the individual or by reducing the amount of any future aid payable to the family of which he is a member * * *.'' The section also provides that, in the case of an overpayment to an individual who is no longer receiving aid, ``recovery shall be made by appropriate action under State law against the income or resources of the individual or the family.'' The implementing regulations provide in pertinent part that ``[t]he State must take all reasonable steps necessary to promptly correct any overpayment * * *.'' 45 C.F.R. 233.20(a)(13)(i)(A). The regulations further provide that ``[t]he State shall recover an overpayment from (1) the assistance unit which was overpaid, or (2) any assistance unit of which a member of the overpaid assistance unit has subsequently become a member, or (3) any individual members of the overpaid assistance unit whether or not currently a recipient.'' Section 233.20(a)(13)(i)(B). In addition, the regulations provide that ``[a] State must take one of the following three actions by the end of the quarter following the quarter in which the overpayment is first identified: (1) Recover the overpayment, (2) initiate action to locate and/or recover the overpayment from a former recipient, or (3) execute a monthly recovery agreement from a current recipient's grant or income/ resources.'' Section 233.20(a)(13)(i)(E). In Transmittal #94-AFDC-01, the State proposed to amend its State plan to bar recovery of AFDC overpayments from children in assistance units that do not include any of the caretakers who actually received the overpayment. The State defined the term ``children'' to include adults who were dependent children at the time the original overpayment occurred. ACF disapproved the proposed plan amendment on the ground that the statute and regulations do not permit a state to categorically exclude any of the sources of recovery specified in the regulations. I have designated Donald F. Garrett, a Departmental Appeals Board Member, as the presiding officer pursuant to 45 C.F.R. 213.21. ACF and the State are now parties in this matter. 45 C.F.R. 213.15(a). ACF and the State have agreed that there are no disputed issues of fact, and that an in-person evidentiary hearing is not necessary to resolve the State's request for reconsideration. Accordingly, the parties have requested that the appeal be decided based on their written submissions. A copy of this letter will appear as a Notice in the Federal Register. Any person wishing to request recognition as a party may file a petition pursuant to 45 C.F.R. 213.15(b) with the Departmental Appeals Board within 15 days after that notice has been published. A copy of the petition should be served on each party of record at that time. The petition must explain how the issues to be considered have caused petitioner injury and how petitioner's interest is within the zone of interests to be protected by the governing federal statute. 45 C.F.R. 213.15(b)(1). In addition, the petition must concisely state petitioner's interest in the proceeding, who will represent petitioner, and the issues on which petitioner wishes to participate. 45 C.F.R. 213.15(b)(2). Additionally, if petitioner believes that there are disputed issues of fact which require an in-person evidentiary hearing, the petitioner should concisely specify the disputed issues of fact in the petition, and also state whether petitioner intends to present witnesses. Any party may, within five days of receipt of such petition, file comments thereon; the presiding officer will subsequently issue a ruling on whether and on what basis participation will be permitted. Any interested person or organization wishing to participate as amicus curiae may also file a petition with the Departmental Appeals Board which shall conform to the requirements of 45 C.F.R. 213.15(c)(1). The petition should be filed within 15 days after this notice. The petition should specify the nature of the participation desired. The presiding officer will subsequently issue a ruling on the petition. The Ohio State Legal Services Association has already requested and been granted permission to participate as amicus curiae in this case and has presented its arguments on the merits of the case in writing. Any submissions or correspondence regarding this matter should be filed in an original and two copies with Mr. Garrett at the Departmental Appeals Board, Room 635-D, Hubert H. Humphrey Building, 200 Independence Avenue, S.W., Washington, D.C. 20201, where the record in this matter will be kept. Each submission must include a statement that a copy of the material has been sent to the other party (or to both parties if the submission is made by a non-party), identifying when and to whom the copy was sent. For convenience, please refer to Board Docket No. A-95-42. Mary Jo Bane, Assistant Secretary for Children and Families. [FR Doc. 95-27239 Filed 11-1-95; 8:45 am] BILLING CODE 4184-01-P