(a) If a State is not performing according to an approved plan or not adequately meeting conditions set forth in Sec. 350.201, the Administrator may issue a written notice of proposed determination of nonconformity to the Governor of the State or the official designated in the plan. The notice will set forth the reasons for the proposed determination.
(b) The State will have 30 days from the date of the notice to reply. The reply must address the deficiencies or incompatibility cited in the notice and provide documentation as necessary.
(c) After considering the State's reply, the Administrator will make a final decision.
(d) In the event the State fails timely to reply to a notice of proposed determination of nonconformity, the notice becomes the Administrator's final determination of nonconformity.
(e) Any adverse decision will result in immediate cessation of Federal funding under this part.
(f) Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. chapter 7.