[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