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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.

§303.704(a)(1)(ii) have been revised to refer to “early

intervention service provision.”

Withholding funds (§303.705)

Comment: One commenter requested that the phrase “minimum

reasonable notice,” as used in this section, be explicitly


Discussion: The term “minimum reasonable notice” is not in

§303.705(a), which incorporates the requirement in section

616(e)(4) of the Act that the Secretary must provide reasonable notice and an opportunity for a hearing to a State prior to the withholding of any funds under the Act

to that State. We believe that “reasonable notice” as used

in §303.705(a) reflects the common understanding of the

term--that the notice should be sufficiently informative and timely given the circumstances. Thus, we do not believe that it would be appropriate to further clarify

“reasonable notice” as used in §303.705(a) because what

constitutes reasonable notice will, by necessity, depend on the nature of the details in each particular situation.

Changes: None.

Comment: One commenter expressed concern that the terms

“program” and “provider” are used inconsistently throughout

these regulations. The commenter specifically suggested

that the term “EIS program” be added to §303.705(c)(1)(ii),