§ 1229.103 Duration of delegations; termination of delegations.

(a) Delegations of authority shall be valid for a period of 3 years and may be renewable for an additional consecutive 3-year period upon request of the State and after the appropriate factfinding required in § 1229.101. Delegations are subject to annual funding and the availability of appropriations specifically designated for the purpose of this part. (b) A delegation of authority may be terminated at any time and upon any terms and conditions as mutually agreed upon by the parties. (c) A State may terminate a delegation of authority by giving a 120-day written notice of intent to terminate. (d) The Department may terminate a delegation of authority when it is determined, after opportunity for a hearing, that the State has failed to substantially comply with the provisions of the delegation of authority. (e) No action to initiate formal hearing proceedings for termination shall be taken until the Department has notified the State in writing of alleged deficiencies and allowed the State 120 days to correct the deficiencies. (f) Termination of a delegation shall not bar a subsequent request by a State to regain a delegation of authority.