Tribal Request for Reconsideration Hearing, 84608-84609 [2024-23441]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Administration for Children and Families

[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84608-84609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23441]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 [email protected].

FOR FURTHER INFORMATION CONTACT: Latasha Abney, Director, ACF Office of 
Grants Policy [email protected] 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 
[email protected]. 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