Notice of formal proceeding contents

The notice must state the nature of the proceeding, the legal authority, describe the issues and grounds for proposed withdrawal, give a response period (generally at least 30 days), and provide for designation of an administrative law judge. See the general contents requirements in 1955.11 and the itemized list in 1955.11(a).

The notice's statement must explain what type of proceeding is being started and must give the addresses where papers and responses must be filed. See the specific requirement in 1955.11(a)(1).

• This means the notice should say, in plain terms, whether it is proposing withdrawal of a State plan (or part of it) and list exact filing addresses so the State and interested parties know where to send documents.

The notice should give clear, specific addresses for filing all papers so parties know exactly where to submit responses and other documents. See the filing-address requirement in 1955.11(a)(1).

• Practical tip: include mailing address, overnight delivery address, and an email or electronic filing method if available, to avoid confusion about where to send papers.

The notice must identify the legal authority under which the proceeding is brought. See 1955.11(a)(2).

• This means the notice should cite the statutes and regulations that give the Assistant Secretary the power to propose withdrawal of approval of a State plan.

The notice must describe the specific issues at stake and explain the grounds for the Assistant Secretary's proposed withdrawal of approval, so the State knows the factual and legal basis for the action. See 1955.11(a)(3).

• Practical elements to include: the particular parts of the State plan at issue, factual findings or alleged deficiencies, and the legal reasons supporting withdrawal.

The notice must provide a specified period for the State to submit a response, which is generally not less than 30 days after publication in the Federal Register. See the timing requirement in 1955.11(a)(4).

• In practice, this means the State should expect at least a 30-day window to prepare and file its response unless the notice explicitly states a different (and justified) time frame.

The notice must include a provision for designation of an administrative law judge under 5 U.S.C. 3105 to preside over the proceeding. See the ALJ designation requirement in 1955.11(a)(5).

• This ensures an impartial adjudicator will be assigned to manage hearings and legal proceedings under the Administrative Procedure Act authority cited.

A copy of the notice of the proceeding that states the basis for the Assistant Secretary's determination to withdraw approval must be referred to the administrative law judge. See 1955.11(b).

• This means the ALJ will have the official notice and the stated bases for the proposed withdrawal when overseeing the proceeding.

A State should file its response within the specified period (generally at least 30 days from Federal Register publication) at the addresses stated in the notice. See the response period rule in 1955.11(a)(4) and the filing-address requirement in 1955.11(a)(1).

• Make sure to use the exact mailing or electronic address specified so your response is considered timely and properly filed.

Generally no—the regulation requires the notice to give a specified period that is generally not less than 30 days after Federal Register publication. See 1955.11(a)(4).

• While the regulation allows specifying a period, the use of the word "generally" indicates 30 days is the standard minimum; any shorter period would need clear justification and could be subject to challenge.

The notice should provide enough detail to describe the issues and the factual and legal grounds for the proposed withdrawal so the State can prepare a meaningful response. See the requirements in 1955.11(a)(3).

• Practically, that means citing the specific plan provisions at issue, summarizing findings or deficiencies, and explaining the legal basis for why those deficiencies warrant withdrawal.

Sections 1955.11(a) and 1955.11(b) require the notice to explain the proceeding, provide the legal basis and detailed issues, give the State time to respond, and refer the notice to an administrative law judge—together these steps ensure the State receives meaningful notice and an adjudicative forum. See 1955.11(a) and 1955.11(b).

• The combination of clear grounds, adequate response time, and ALJ involvement protects due process by letting the State know the case against it and giving it a chance to contest the proposed withdrawal.