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42 U.S.C. § 610 — Appeal of adverse decision
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Within 5 days after the date the Secretary takes any adverse action under this part with respect to a State, the Secretary shall notify the chief executive officer of the State of the adverse action, including any action with respect to the State plan submitted under [section 602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section602&num=0&edition=prelim) or the imposition of a penalty under [section 609 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section609&num=0&edition=prelim).
**(b) Administrative review**
(1) **In general** — Within 60 days after the date a State receives notice under subsection (a) of an adverse action, the State may appeal the action, in whole or in part, to the Departmental Appeals Board established in the Department of Health and Human Services (in this section referred to as the “Board”) by filing an appeal with the Board.
(2) **Procedural rules** — The Board shall consider an appeal filed by a State under paragraph (1) on the basis of such documentation as the State may submit and as the Board may require to support the final decision of the Board. In deciding whether to uphold an adverse action or any portion of such an action, the Board shall conduct a thorough review of the issues and take into account all relevant evidence. The Board shall make a final determination with respect to an appeal filed under paragraph (1) not less than 60 days after the date the appeal is filed.
**(c) Judicial review of adverse decision**
(1) **In general** — Within 90 days after the date of a final decision by the Board under this section with respect to an adverse action taken against a State, the State may obtain judicial review of the final decision (and
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Source file: Laws/federal/codes/united-states-code/title-42/section-610-appeal-of-adverse-decision--6cc0f2a002.md
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Source location: Title 42, Chapter 7, § 610; chapter-007-social-security.md
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**(a) In general** Within 5 days after the date the Secretary takes any adverse action under this part with respect to a State, the Secretary shall notify the chief executive officer of the State of the adverse action, including any action with respect to the State plan submitted under [section 602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section602&num=0&edition=prelim) or the imposition of a penalty under [section 609 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section609&num=0&edition=prelim).
**(b) Administrative review**
(1) **In general** — Within 60 days after the date a State receives notice under subsection (a) of an adverse action, the State may appeal the action, in whole or in part, to the Departmental Appeals Board established in the Department of Health and Human Services (in this section referred to as the “Board”) by filing an appeal with the Board.
(2) **Procedural rules** — The Board shall consider an appeal filed by a State under paragraph (1) on the basis of such documentation as the State may submit and as the Board may require to support the final decision of the Board. In deciding whether to uphold an adverse action or any portion of such an action, the Board shall conduct a thorough review of the issues and take into account all relevant evidence. The Board shall make a final determination with respect to an appeal filed under paragraph (1) not less than 60 days after the date the appeal is filed.
**(c) Judicial review of adverse decision**
(1) **In general** — Within 90 days after the date of a final decision by the Board under this section with respect to an adverse action taken against a State, the State may obtain judicial review of the final decision (and the findings incorporated into the final decision) by filing an action in—
(A) the district court of the United States for the judicial district in which the principal or headquarters office of the State agency is located; or
(B) the United States District Court for the District of Columbia.
(2) **Procedural rules** — The district court in which an action is filed under paragraph (1) shall review the final decision of the Board on the record established in the administrative proceeding, in accordance with the standards of review prescribed by subparagraphs (A) through (E) of [section 706(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706/2&num=0&edition=prelim). The review shall be on the basis of the documents and supporting data submitted to the Board.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to this section:
(1) **Use of grant in violation of this part**
(A) *General penalty* — If an audit conducted under chapter 75 of title 31 finds that an amount paid to a State under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) for a fiscal year has been used in violation of this part, the Secretary shall reduce the grant payable to the State under [section 603(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/1&num=0&edition=prelim) for the immediately succeeding fiscal year quarter by the amount so used.
(B) *Enhanced penalty for intentional violations* — If the State does not prove to the satisfaction of the Secretary that the State did not intend to use the amount in violation of this part, the Secretary shall further reduce the grant payable to the State under [section 603(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/1&num=0&edition=prelim) for the immediately succeeding fiscal year quarter by an amount equal to 5 percent of the State family assistance grant.
(C) *Penalty for misuse of competitive welfare-to-work funds* — If the Secretary of Labor finds that an amount paid to an entity under [section 603(a)(5)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5/B&num=0&edition=prelim) has been used in violation of subparagraph (B) or (C) of [section 603(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5&num=0&edition=prelim), the entity shall remit to the Secretary of Labor an amount equal to the amount so used.
(2) **Failure to submi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** An individual convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance (as defined in [section 802(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/6&num=0&edition=prelim)) shall not be eligible for—
(1) assistance under any State program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.], or
(2) benefits under the supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 ([7 U.S.C. 2012](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012&num=0&edition=prelim))) or any State program carried out under that Act [[7 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) et seq.].
**(b) Effects on assistance and benefits for others**
(1) **Program of temporary assistance for needy families** — The amount of assistance otherwise required to be provided under a State program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.] to the family members of an individual to whom subsection (a) applies shall be reduced by the amount which would have otherwise been made available to the individual under such part.
(2) **Benefits under the Food and Nutrition Act of 2008** — The amount of benefits otherwise required to be provided to a household under the sup
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** As used in this part, the term “eligible State” means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following:
(1) **Outline of family assistance program**
(A) *General provisions* — A written document that outlines how the State intends to do the following:
(i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient.
(ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with [section 607(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607/e/2&num=0&edition=prelim).
(iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with [section 607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607&num=0&edition=prelim).
(iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
(v) Establi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The purpose of this part is to increase the flexibility of States in operating a program designed to—
(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;
(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
(4) encourage the formation and maintenance of two-parent families.
**(b) No individual entitlement** This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of enforcing the support obligations owed by noncustodial parents to their children and the spouse (or former spouse) with whom such children are living, locating noncustodial parents, establishing paternity, obtaining child and spousal support, and assuring that assistance in obtaining support will be available under this part to all children (whether or not eligible for assistance under a State program funded under part A) for whom such assistance is requested, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this part.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2192
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 610
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–33, title V, § 5004(b), Aug. 5, 1997, 111 Stat.
594, provided that: ‘‘The amendment made by sub-
section (a) of this section [amending this section] shall
take effect as if included in the enactment of section
103(a) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 [Pub. L. 104–193].’’
Amendment by section 5506 of Pub. L. 105–33 effective
as if included in section 103(a) of the Personal Responsi-
bility and Work Opportunity Reconciliation Act of 1996,
Pub. L. 104–193, at the time such section 103(a) became
law, see section 5518(a) of Pub. L. 105–33, set out as a
note under section 602 of this title.
Amendment by section 5514(c) of Pub. L. 105–33 effec-
tive as if included in the provision of Pub. L. 104–193
amended at the time the provision became law, see sec-
tion 5518(d) of Pub. L. 105–33, set out as a note under
section 862a of Title 21, Food and Drugs.
EFFECTIVE DATE
Section effective July 1, 1997, with delayed effective
date for subsec. (a)(2)–(5), (8), (10) of this section, and
with transition rules relating to State options to accel-
erate such date, rules relating to claims, actions, and
proceedings commenced before such date, rules relating
to closing out of accounts for terminated or substan-
tially modified programs and continuance in office of
Assistant Secretary for Family Support, and provisions
relating to termination of entitlement under AFDC
program, see section 116 of Pub. L. 104–193, set out as a
note under section 601 of this title.
§ 610. Appeal of adverse decision
(a) In general
Within 5 days after the date the Secretary
takes any adverse action under this part with
respect to a State, the Se
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