Revocation of 18(e) determination

The State agency must publish reasonable notice within the State no later than 10 days after the notice appears in the FEDERAL REGISTER. Per 1902.49(a), the Assistant Secretary first publishes the Federal notice and then the affected State agency has 10 days following that Federal publication to publish the same information as reasonable notice in the State.

The notice must state the reasons for the proposed revocation. The regulation at 1902.49(b) requires the published notice to indicate the reasons the Assistant Secretary proposes to revoke the affirmative 18(e) determination.

Interested persons have 35 days from the Federal Register publication date to submit written data, views, and arguments. The rule at 1902.49(c) explicitly provides a 35-day comment period following publication in the FEDERAL REGISTER.

An informal hearing may be requested if particularized written objections are filed within the 35-day comment period. 1902.49(c) states that any interested person who files particularized written objections within 35 days may request an informal hearing concerning the proposed revocation.

If the Assistant Secretary finds that substantial objections have been filed, he will provide an informal hearing under the procedures in 1902.50. The notice language in 1902.49(c) explains that substantial objections trigger an informal hearing and the hearing procedures are set out in 1902.50.

Yes; the Assistant Secretary may on his own initiative give notice of an informal hearing to receive oral comments about the proposed revocation. 1902.49(d) authorizes the Assistant Secretary to initiate an informal hearing without waiting for particularized written objections.

Reasonable notice means the State agency must promptly publicize the same information published in the FEDERAL REGISTER so affected persons in the State are informed; it must occur no later than 10 days after the Federal publication. The requirement is stated in 1902.49(a), and in practice that usually means using commonly relied local channels (for example, state register, major newspapers, agency website, or mailing lists) so stakeholders receive timely notice.

Particularized written objections should clearly identify who is objecting, state specific facts or reasons for opposing the revocation, and explain why an informal hearing is warranted; they must be filed within the 35-day period. 1902.49(c) requires particularized written objections as the basis for requesting an informal hearing, so including concrete factual detail and the legal or practical basis for the objection helps the Assistant Secretary determine whether substantial objections exist.

If substantial objections are filed (including those from the affected State) the Assistant Secretary will afford an informal hearing on the proposed revocation under 1902.50. The process and timing are described in 1902.49(c) and the hearing procedures are referenced in 1902.50.

The State agency should (1) publish reasonable notice within the State no later than 10 days after the Federal Register notice; (2) ensure the State notice includes the reasons for the proposed action as published federally; and (3) inform interested parties how to submit written comments and how to request an informal hearing within the 35-day Federal comment period. These steps come from 1902.49(a), 1902.49(b), and 1902.49(c).

The regulation sets a 35-day deadline for submitting written data, views, and arguments, so submissions made after that period are outside the timeframe provided by 1902.49(c). While the text does not specify an exception, if you miss the deadline you should contact the Assistant Secretary's office promptly to ask whether a late filing will be accepted.

The procedural requirements for proposing revocation of an affirmative 18(e) determination are set out in Part 1902, specifically in 1902.49, which requires Federal publication, State notice, statement of reasons, a 35-day comment period, and procedures for informal hearings under 1902.50. These provisions together establish the notice, comment, and hearing framework the Assistant Secretary must follow.