Page:United States Statutes at Large Volume 106 Part 5.djvu/811

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PUBLIC LAW 102-569—OCT. 29, 1992 106 STAT. 4449 Federal Register, publication. "(1) IN GENERAL.— The Commissioner shall approve any State plan submitted under section 704 that the Commissioner determines meets the requirements of section 704, and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Commissioner shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. "(2) PROCEDURES.— "(A) IN GENERAL. —Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of section 107 shall apply to any State plan submitted to the Commissioner under section 704. "(B) APPLICATION.— For purposes of the application described in subparagraph (A), all references in such provisions— "(i) to the Secretary shall be deemed to be ref- erences to the Commissioner; and "(ii) to section 101 shall be deemed to be references to section 704. "(b) INDICATORS.— Not later than October 1, 1993, the Commissioner shall develop and publish in the Federal Register indicators of minimum compliance consistent with the standards set forth in section 725.

    • (c) ON-SITE COMPLIANCE REVIEWS.—

"(1) REVIEWS.— The Commissioner shall annually conduct on-site compliance reviews of at least 15 percent of the centers for independent living that receive funds under part C and shall periodically conduct such a review of each such center. The Commissioner shall select such centers for review on a random basis. "(2) QUALIFICATIONS OF EMPLOYEES CONDUCTING REVIEWS.— The Commissioner shall— "(A) to the maximimi extent practicable, carry out such a review by using employees of the Department who are knowledgeable about the provision of independent Uving services; "(B) ensure that the employee of the Department with responsibility for supervising such a review shall have such knowledge; and "(C) ensure that at least one member of a team conducting such a review shall be an individual who— "(i) is not a government employee; and "(ii) has experience in the operation of centers for independent Uving. "(d) REPORTS. —The Commissioner shall include, in the annual report required under section 13, information on the extent to which centers for independent living receiving funds under part C have complied with the standards and assurances set forth in section 725. The Commissioner may identify individual centers for independent living in the analysis. The Commissioner shall Reports. report the results of on-site compliance reviews, identifying individual centers for independent Uving and other recipients of assistance under this chapter.