42 U.S.C. § 610 : US Code - Section 610: Appeal of adverse decision

Search 42 U.S.C. § 610 : US Code - Section 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 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 or the imposition of a
penalty under section 609 of this title.
(b) Administrative review
(1) In general
Within 60 days after the date a State receives notice under
subsection (a) of this section 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. The review shall be on the
basis of the documents and supporting data submitted to the
Board.