Certification and criteria procedures

Under 1956.23, the procedures in 1902.33 and 1902.34 apply to certification of completion of developmental steps under plans approved in accordance with Part 1956.

• These specific procedures are invoked by 1956.23 to start the next phase of review and monitoring after a developmental step is certified.

Under 1956.23, certification of a developmental step initiates intensive monitoring of the plan's actual operations.

• That monitoring must continue for at least one year, after which a formal determination is made using the procedures in 1902.38, 1902.39, 1902.40, and 1902.41.

Under 1956.23, the intensive monitoring must continue for at least one year following certification.

• The one-year minimum is required before making the determination described in 1902.38 through 1902.41.

Under 1956.23, the purpose of the year-long intensive monitoring is to evaluate actual operations and determine whether the plan is applying the required criteria in practice.

• That evaluation leads to a determination using the procedures in 1902.38–1902.41 about whether the criteria in 1956.10 and 1956.11 are being applied under the plan.

Under 1956.23, the determination evaluates whether the criteria set forth in 1956.10 and 1956.11 are being applied under the plan.

• The formal decision uses the procedures described in 1902.38 through 1902.41.

Under 1956.23, the factors listed in 1902.37(b) provide the basis for determining operational effectiveness.

• The procedure explicitly adopts those factors except that 1902.37(b)(11) and 1902.37(b)(12) are to be adapted to fit the State’s compliance program.

Under 1956.23, 1902.37(b)(11) and 1902.37(b)(12) are adapted to the State’s compliance program rather than applied verbatim.

• The rest of the factors in 1902.37(b) remain the basis for the determination of operational effectiveness.

Under 1956.23, State plans approved under Part 1956 must follow the procedures in 1902.33 and 1902.34 when certifying completion of developmental steps.

• This is required as part of the approval, change, evaluation, and withdrawal procedures described in Part 1956: 1956.23.

Under 1956.23, the formal determination is made after at least one year of intensive monitoring and is conducted using the procedures in 1902.38, 1902.39, 1902.40, and 1902.41.

• That determination checks whether the plan applies the criteria in 1956.10 and 1956.11.

Under 1956.23, the one-year monitoring requirement does not by itself guarantee final approval; it triggers a determination using the procedures in 1902.38–1902.41 on whether the plan meets the criteria in 1956.10 and 1956.11.

• The determination after monitoring is the decisive step for assessing operational effectiveness and conformity with those criteria.

Under 1956.23, the standard does not prescribe exact adaptations for 1902.37(b)(11) and 1902.37(b)(12); it states those items should be adapted to the State’s compliance program.

• For the remainder of the assessment, the factors in 1902.37(b) are applied as the basis for operational effectiveness.

Under 1956.23 and Part 1956, the regulations apply to State and local government employees in States without approved private employee plans.

• See the Part 1956 overview at 1956 for scope and context.

Under 1956.23, the final determination is made using the procedures and criteria in 1902.38, 1902.39, 1902.40, and 1902.41.

• Those sections govern how the monitoring results are evaluated against the required criteria in 1956.10 and 1956.11.

Under 1956.23, a State may operate its compliance program during the intensive monitoring year, but the monitoring and final determination must assess whether the program applies the criteria in 1956.10 and 1956.11.

• Any adaptations to 1902.37(b)(11) and 1902.37(b)(12) should be consistent with the State’s compliance program, while the other factors in 1902.37(b) are used as the basis for evaluation.