Subpart D
Yes—an "interested person" may petition the Assistant Secretary to reconsider an affirmative 18(e) determination, and the Assistant Secretary may also initiate reconsideration on his own. See 1902.47(a).
Yes—the Assistant Secretary may at any time reconsider a previously granted affirmative 18(e) determination on his own initiative. See 1902.47(a).
Reconsideration must be based on the results of the Assistant Secretary's continuing evaluation of the State plan after the affirmative 18(e) determination was granted. See 1902.47(b).
Yes—because 1902.47(a) provides that the Assistant Secretary may reconsider "at any time," a petition from an interested person can trigger reconsideration regardless of how much time has passed.
Not necessarily—reconsideration must be based on the Assistant Secretary's continuing evaluation of the State plan, which can include new results or information obtained during that evaluation. See 1902.47(b).
No—the Assistant Secretary does not need a petition because he may reconsider on his own initiative as provided in 1902.47(a).
Yes—any reconsideration must be based on the results of the continuing evaluation of the State plan after the affirmative 18(e) determination, according to 1902.47(b).
The Assistant Secretary decides whether the results of the continuing evaluation justify reconsideration of the affirmative 18(e) determination, as stated in 1902.47(b).
Yes—1902.47(b) specifies that reconsideration is based on continuing evaluation of a State plan after it has been granted an affirmative 18(e) determination, so it applies following a grant.
Yes—the regulation requires reconsideration to be based on the results of continuing evaluation of the State plan, which includes routine monitoring and evaluations performed after the determination; see 1902.47(b).
No—1902.47(a) states the Assistant Secretary may reconsider at any time but does not set a specific procedural timeline for acting on petitions.
No—1902.47(a) allows petitions from an "interested person" but the regulation itself does not define that term; additional agency guidance would clarify who qualifies.
Yes—because the Assistant Secretary is authorized to reconsider an affirmative 18(e) determination under 1902.47(a), reconsideration can result in modification or reversal based on the continuing evaluation described in 1902.47(b).
No—the regulation does not limit reconsideration to issues raised originally; 1902.47(a) permits reconsideration at any time, and 1902.47(b) bases it on continuing evaluation of the State plan, which may reveal new issues.
The regulation itself does not state whether reconsideration proceedings must be public; it only authorizes the Assistant Secretary to reconsider at any time 1902.47(a) and requires the basis to be the continuing evaluation of the State plan 1902.47(b). Additional procedural rules or agency guidance would address public participation.
No—improved performance does not eliminate the possibility because 1902.47(a) allows reconsideration at any time and 1902.47(b) ties reconsideration to continuing evaluation outcomes, whatever they show.
An interested person's petition can prompt reconsideration, but the Assistant Secretary is not required to reconsider simply because a petition is filed; the Assistant Secretary "may" reconsider on petition or on his own initiative as stated in 1902.47(a).
Yes—reconsideration is based on the results of the continuing evaluation of the State plan after the determination, which can encompass both the plan's substance and how the State implements it, per 1902.47(b).
The regulation does not prescribe a specific petition format; it simply provides that the Assistant Secretary may reconsider on petition of an interested person 1902.47(a). Any required format would be addressed by agency procedures not specified in this section.
Yes—continuing evaluation of a State plan can include complaints, monitoring reports, audits, or other findings gathered after the plan's approval, and reconsideration must be based on those results as stated in 1902.47(b).