Children's Bureau Safety, Permanency, Well-being  Advanced
 Search

Search for:   in 

8.4G TITLE IV-E, General Title IV-E Requirements, Fair Hearings

Items with a star (*) and gray background have been modified from previous record.

Question Number 5:
06/13/2013 - Current
QuestionIs the title IV-E agency required to conduct the fair hearings mandated at section 471(a)(12) of the Social Security Act (the Act), or may it delegate the process to another agency?
Answer*Although section 471(a)(12) of the Act requires that the title IV-E agency provide for an opportunity for a fair hearing "before the State agency," the regulation at 45 CFR 1355.30(p)(2) cross references 45 CFR 205.10. The latter citation at 45 CFR 205.10(a)(9) authorizes the hearings to "be conducted by an impartial official(s) or a designee of the agency." Thus, an agency other than the title IV-E agency may be designated to conduct hearings and make recommendations to the title IV-E agency. The provision at 45 CFR 205.100(b)(1), however, prohibits officials of the title IV-E agency from delegating their authority for exercising administrative discretion in the "administration or supervision of the plan." Thus, although the title IV-E agency may delegate the fair hearing function pursuant to the title IV-E requirement, the title IV-E agency must make the final decision.
Source/Date7/6/05 (revised 6/6/13)
Legal and Related ReferencesSocial Security Act -- Sections 471(a)(12), 45 CFR Parts 1355.30(p)(2), 205.10(a)(9) and 205.100(b)(1)

Back to top


06/11/2013 - 06/13/2013
Question*Is the title IV-E agency required to conduct the fair hearings mandated at section 471(a)(12) of the Social Security Act (the Act), or may it delegate the process to another agency?
Answer*Although section 471(a)(12) of the Act requires that the title IV-E agency provide for an opportunity for a fair hearing "before the State agency," the regulation at 45 CFR 1355.30(p)(2) cross references 45 CFR 205.10. The latter citation at 45 CFR 205.10(a)(9) authorizes the hearings to "be conducted by an impartial official(s) or a designee of the agency." Thus, an agency other than the title IV-E may be designated to conduct hearings and make recommendations to the single title IV-E agency. The provision at 45 CFR 205.100(b)(1), however, prohibits officials of the title IV-E agency from delegating their authority for exercising administrative discretion in the "administration or supervision of the plan." Thus, although the title IV-E agency may delegate the fair hearing function pursuant to the title IV-E requirement, the title IV-E agency must make the final decision.
Source/Date*7/6/05 (revised 6/6/13)
Legal and Related References*Social Security Act -- Sections 471(a)(12), 45 CFR Parts 1355.30(p)(2), 205.10(a)(9) and 205.100(b)(1)

Back to top


07/12/2005 - 06/11/2013 (Original Record)
QuestionIs a State's title IV-E agency required to conduct the fair hearings mandated at section 471(a)(12) of the Social Security Act (the Act), or may it delegate the process to another State agency?
AnswerAlthough section 471(a)(12) of the Act requires that the State provide for an opportunity for a fair hearing "before the State agency," the regulation at 45 CFR 1355.30 cross references 45 CFR 205.10. The latter citation at 45 CFR 205.10(a)(9) authorizes the hearings to "be conducted by an impartial official(s) or a designee of the agency." Thus, an agency other than the single State agency may be designated to conduct hearings and make recommendations to the single State agency. The provision at 45 CFR 205.100(b)(1), however, prohibits officials of the State agency from delegating their authority for exercising administrative discretion in the "administration or supervision of the plan." Thus, although the single State agency may delegate the fair hearing function pursuant to the single State agency requirement, the State agency must make the final decision.
Source/Date7/6/05
Legal and Related ReferencesSocial Security Act -- Section 471(a)(12), 45 CFR Parts 1355.30, 205.10(a)(9) and 205.100(b)(1)

Back to top