Notice2024-23441
Tribal Request for Reconsideration Hearing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 23, 2024
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
Notice is hereby given to the Inter-Tribal Council of Nevada (ITCN) and interested parties of a reconsideration hearing. The purpose of the hearing is to reconsider the decision of the Administration for Children and Families (ACF), Office of Child Care (OCC) regarding revision to the FY2023-2025 triennial child count submitted by the Inter-Tribal Council of Nevada (ITCN) as part of their triennial plan, submitted on July 1, 2022. Because the child count was submitted as part of ITCN's FY2023-205 triennial plan, ITCN is entitled to request reconsideration to determine "whether such Plan or amendment conforms to the requirements for approval under the Act and pertinent Federal regulations." The sole issue to be reconsidered is OCC's decision to reduce ITCN's child count.
Full Text
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<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84608-84609]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23441]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Tribal Request for Reconsideration Hearing
AGENCY: Office of Child Care; Administration for Children and Families;
U.S. Department of Health and Human Services.
ACTION: Notice of request for reconsideration hearing.
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SUMMARY: Notice is hereby given to the Inter-Tribal Council of Nevada
(ITCN) and interested parties of a reconsideration hearing. The purpose
of the hearing is to reconsider the decision of the Administration for
Children and Families (ACF), Office of Child Care (OCC) regarding
revision to the FY2023-2025 triennial child count submitted by the
Inter-Tribal Council of Nevada (ITCN) as part of their triennial plan,
submitted on July 1, 2022. Because the child count was submitted as
part of ITCN's FY2023-205 triennial plan, ITCN is entitled to request
reconsideration to determine ``whether such Plan or amendment conforms
to the requirements for approval under the Act and pertinent Federal
regulations.'' The sole issue to be reconsidered is OCC's decision to
reduce ITCN's child count.
DATES: December 3, 2024, at 9:00 a.m. PST; 12:00 EST.
ADDRESSES: Virtual via Zoom; Interested parties must submit a request
for a registration link to Latasha Abney, Director, ACF Office of
Grants Policy <a href="/cdn-cgi/l/email-protection#88e4e9fce9fbe0e9a6e9eae6edf1c8e9ebeea6e0e0fba6efe7fe"><span class="__cf_email__" data-cfemail="2a464b5e4b59424b044b48444f536a4b494c04424259044d455c">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Latasha Abney, Director, ACF Office of
Grants Policy <a href="/cdn-cgi/l/email-protection#bed2dfcadfcdd6df90dfdcd0dbc7fedfddd890d6d6cd90d9d1c8"><span class="__cf_email__" data-cfemail="1c707d687d6f747d327d7e7279655c7d7f7a3274746f327b736a">[email protected]</span></a> or (202) 401-5324.
SUPPLEMENTARY INFORMATION: By letter dated January 17, 2023, OCC
communicated its decision that ITCN had submitted a duplicated child
count in an area that overlapped the service area of another CCDF
tribal lead agency, and that the area was not within a
[[Page 84609]]
reasonably close geographic proximity to the delineated borders of one
of ITCN's member tribes, as required in 45 CFR 98.61(c) and 98.83(b),
and as described in the Program Instruction CCDF-ACF-PI-2022-03. As a
result, OCC adjusted ITCN's child count downward.
CCDF regulations prescribe that reconsideration shall be conducted
by hearing governed by 45 CFR part 99. The ACF Director of Office of
Grants Policy, Latasha Abney, is the designated presiding officer. The
presiding officer has authority to ``modify or waive any rule in [Part
99] upon determination that no party will be unduly prejudiced and the
ends of justice will thereby be served.'' 45 CFR 99.4.
45 CFR 99.15 allows recognition of other individuals or groups as
parties ``if the issues to be considered at the hearing have directly
caused them injury and their interests to be protected by the governing
Federal statute and regulations.'' This Federal Register notice serves
as notification to other parties who may have interest in this hearing.
Individuals or groups desiring to participate as parties should submit
a petition in writing to presiding officer, Latasha Abney, at the
address above within 15 days of publication of this notice. Such
petition shall concisely state (i) Petitioner's interest in the
proceeding; (ii) Who will appear for petitioner; (iii) The issues on
which petitioner wishes to participate; and (iv) Whether petitioner
intends to present witnesses. A copy of the petition must also be
served on ITCN Executive Director, Deserea Quintana at
<a href="/cdn-cgi/l/email-protection#eb8f9a9e82859f8a858aab829f8885c584998c"><span class="__cf_email__" data-cfemail="92f6e3e7fbfce6f3fcf3d2fbe6f1fcbcfde0f5">[email protected]</span></a>. The presiding officer will promptly determine
whether each petitioner has the requisite interest and shall permit or
deny participation accordingly.
45 CFR 99.22 allows parties to (a) Appear by counsel or other
authorized representative, in all hearing proceedings; (b) Participate
in any prehearing conference held by the presiding officer; (c) Agree
to stipulations as to facts which will be made a part of the record;
(d) Make opening statements at the hearing; (e) Present relevant
evidence on the issues at the hearing; (f) Present witnesses who then
must be available for cross-examination by all other parties; (g)
Present oral arguments at the hearing; and (h) Submit written briefs,
proposed findings of fact, and proposed conclusions of law, after the
hearing. 45 CFR 99.23 allows that ``The Department, the Lead Agency,
and any individuals or groups recognized as parties shall have the
right to conduct discovery (including depositions) against opposing
parties,'' and that Rules 26-37 of the Federal Rules of Civil Procedure
shall apply to discovery proceedings.
Pursuant to 45 CFR 99.32, at the conclusion of the hearing and
completion of post-hearing briefs, if any, the presiding officer shall
certify the record and provide recommended finding and a proposed
decision to the Assistant Secretary. Any party will then have 20 days
to file exceptions and a supporting brief or statement with the
Assistant Secretary. The decision of the Assistant Secretary shall be
the final agency action on the matter.
All written material provided by ACF, ITCN, and any other
recognized party will be included in the administrative record.
Megan E. Steel,
ACF Certifying Officer. Administration for Children and Families.
[FR Doc. 2024-23441 Filed 10-22-24; 8:45 am]
BILLING CODE 4184-87-P
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