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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

State is required to conduct public hearings when the State is adopting or revising a policy or procedure that is necessary to meet the requirements of Part C of the Act and these regulations. This public hearing requirement is intended to ensure that States obtain, consistent with section 637(a)(8) and (b)(7) of the Act, meaningful involvement from the public (including underrepresented

populations) on the State’s policies and procedures

necessary to carry out the requirements of Part C of the Act prior to implementing those policies and procedures.

Restructuring §303.208 in this manner addresses

requests by commenters to retain language from current

§§303.110(a)(1) and (a)(3). Specifically, §303.208(a)

ensures that the public has at least 30 days to comment on

a State’s Part C application before the State submits the

application to the Department. Additionally, we agree with commenters that specifying a minimum timeline for notice of public hearings is preferable to simply requiring that

States provide “adequate notice” of the hearings. It is

the Department’s position that 30 days prior notice is the

minimum notice needed to ensure meaningful public participation at public hearings. For this reason, in

§303.208(b)(2), we have added the requirement from current

§303.110(a) that States must provide notice of public