cfr_sections
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230 rows where part_number = 303 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:4.0.1.2.51.1.24.1 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | A | Subpart A—General Provisions | § 303.01 Purpose. | FAA | [Doc. No. DOT-OST-2014-0140, 84 FR 15936, Apr. 16, 2019] | This part sets forth the procedures by which applications may be made to the Department of Transportation under 49 U.S.C. 41308 and 41309 and procedures governing proceedings to enforce these provisions. These procedures supplement the rules described in part 302 of this chapter, which also apply to the review of air carrier agreements. | |||
| 14:14:4.0.1.2.51.1.24.2 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | A | Subpart A—General Provisions | § 303.02 Definitions. | FAA | [Doc. No. DOT-OST-2014-0140, 84 FR 15936, Apr. 16, 2019] | (a) The term Assistant Secretary means the Assistant Secretary for Aviation and International Affairs, or as delegated. As provided in 49 CFR 1.21, the Secretary or Deputy Secretary may exercise any authority in lieu of the Assistant Secretary under the provisions of this part. (b) The term documents means: (1) All written, recorded, transcribed or graphic matter including letters, telegrams, memoranda, reports, studies, forecasts, lists, directives, tabulations, logs, or minutes and records of meetings, conferences, telephone or other conversations or communications; and (2) All information contained in data processing equipment or materials. The term does not include daily or weekly statistical reports in whose place an annual or monthly summary is submitted. (c) The term hearing means either a show-cause proceeding as provided in § 303.44 or a full evidentiary hearing as provided in § 303.45, whichever is determined by the Assistant Secretary to be appropriate. (d)-(g) [Reserved] (h) The term Section 41309 transaction means any contract, agreement or discussion of a cooperative working arrangement within the scope of 49 U.S.C. 41309. (i) [Reserved] | |||
| 14:14:4.0.1.2.51.1.24.3 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | A | Subpart A—General Provisions | § 303.03 Requirement to file application. | FAA | [Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | A person who seeks approval of a section 41309 transaction must file the application with the Docket Operations Office, M-30, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, or by electronic submission at http://www.regulations.gov. The application must conform to the requirements set forth in §§ 303.04 and 303.05. | |||
| 14:14:4.0.1.2.51.1.24.4 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | A | Subpart A—General Provisions | § 303.04 General rules governing application content, procedure and conditions of approval. | FAA | [50 FR 31142, July 31, 1985, as amended by Amdt. 302-2, 54 FR 33499, Aug. 15, 1989; 65 FR 6456, Feb. 9, 2000; Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | (a) Unless specifically exempted by this part or by an order of the Assistant Secretary, a person filing an application pursuant to § 303.03 of this part shall prepare and file the application in the manner specified in this section. The application shall also contain the information required by subpart D of this part. An application may be deemed incomplete if it is not in substantial compliance with these requirements. (b) The parties to the transaction may file either separate applications or one joint application so long as all the information required herein is submitted for each party to the transaction. The Assistant Secretary or Administrative Law Judge, if the matter has been assigned to a judge, upon his or her initiative or upon application, may order the target company or other persons to submit some or all of the information required by this subpart, or other information under 14 CFR 302.25. (c) Each page of the application and each document submitted with the application shall be marked with the name, initials, or some other identifying symbol of the applicant. The application shall also indicate the date of preparation and the name and corporate position of the preparer. (d) Where the required information is in data processing equipment, on microfilm, or is otherwise not eye-readable, the applicant shall provide such information in eye-readable form. (e) The information provided by the applicant shall be updated in a timely fashion throughout the period of consideration of the application. (f) If any information or documents required by the applicable subpart are not available, the applicants shall file an affidavit executed by the individual responsible for the search explaining why they cannot be produced. (g) The Assistant Secretary or the Administrative Law Judge may order any applicant to submit information in addition to that required by the applicable subpart. (h) An applicant may withhold a document required by this part on the grounds that it is privileged, but each document so with… | |||
| 14:14:4.0.1.2.51.1.24.5 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | A | Subpart A—General Provisions | § 303.05 Applications requesting antitrust immunity. | FAA | [50 FR 31142, July 31, 1985, as amended by Amdt. 303-2, 54 FR 33499, Aug. 15, 1989; Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | (a) Each application must state explicitly whether or not the applicant seeks antitrust immunity under the provisions of 49 U.S.C. 41308. If antitrust immunity is requested, the application should specify whether the applicant seeks full immunity or immunity only from the provisions of sections 4, 4a and 4c of the Clayton Act, 15 U.S.C. 15, 15a, 15c. Each application seeking antitrust immunity shall contain a statement explaining why the applicant believes immunity is in the public interest and necessary in order for the transaction to proceed. (b) [Reserved] (c) Any material misrepresentation of fact in such an application shall be grounds for rescission nunc pro tunc of any antitrust immunity granted as a result of the misrepresentation. (d) A request for renewal of any immunity granted does not operate under section 558 of Administrative Procedure Act, 5 U.S.C. 558(c), to extend the period of immunity conferred. | |||
| 14:14:4.0.1.2.51.1.24.6 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | A | Subpart A—General Provisions | § 303.06 Review of antitrust immunity. | FAA | [Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | The Assistant Secretary may initiate a proceeding to review any antitrust immunity previously conferred by the Department's predecessor or the Department in any section 41309 transaction. The Assistant Secretary may terminate or modify such immunity if the Assistant Secretary finds after notice and hearing that the previously conferred immunity is not consistent with the provisions of section 41308. In any proceeding to review such immunity, the proponents of the immunity shall have the burden of justifying the continuation of previously conferred immunity under the provisions of section 41308. | |||
| 14:14:4.0.1.2.51.1.24.7 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | A | Subpart A—General Provisions | § 303.07 Transitional rule. | FAA | [Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | If a section 41309 application or a request for antitrust immunity under section 41308 is pending on May 16, 2019, such application or request shall be deemed made pursuant to the provisions of this part as amended May 16, 2019. | |||
| 14:14:4.0.1.2.51.3.24.1 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | B | Subpart B [Reserved] | §§ 303.10-303.19 [Reserved] | FAA | |||||
| 14:14:4.0.1.2.51.4.24.1 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | D | Subpart D—Section 41309 Applications | § 303.30 General provisions concerning contents of applications. | FAA | [50 FR 31142, July 31, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | A section 41309 application shall contain the following general information: (a) The name, mailing address and primary line of business of each party to the contract, agreement or request for authority to discuss a possible cooperative working arrangement. (b) If the contract or agreement for which approval is sought is not evidenced by a resolution of an air carrier association, the application shall contain a copy of the contract or agreement that is certified to be true and complete by each party to the contract of agreement. If the contract or agreement is set forth in an exchange of correspondence, copies of all such correspondence must be submitted and must be certified as true and complete by all parties to the contract or agreement. If the contract or agreement is oral, a memorandum fully describing the agreement must be submitted and must be certified as true and complete by all parties to the contract or agreement. If approval is sought for a request for authority to discuss a possible cooperative working arrangement, the application shall contain a complete description of the possible cooperative working arrangement and all matters to be discussed. The description shall be certified to be true and complete by each party to the proposed discussion. (c) If the contract, agreement or request for authority to discuss a cooperative working arrangement is evidenced by a resolution or other action of an air carrier association, the application shall contain the resolution or other action and a certification by an authorized employee of the association that the resolution or other action was duly adopted on a certain date. The authorized employee shall also specify in such certification the name of each air carrier that concurred in such resolution or other action and the name of each air carrier member that did not concur. | |||
| 14:14:4.0.1.2.51.4.24.2 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | D | Subpart D—Section 41309 Applications | § 303.31 Justification for the application. | FAA | [Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | A section 41309 application shall explain the nature and purpose of the contract, agreement or request to discuss a cooperative working arrangement and describe how it changes any price, rule, or practice existing under a previously approved application. The application also, consistent with Department of Transportation and the precedent of DOT's predecessor, shall contain factual material, documentation, and argument in support of the application. Economic analyses, when required, shall include full explanatory details, including data sources and allocation methods. If the applicants intend to rely upon market data sources, other than those available to the public by the Department, the complete market data shall be included with the application at the time of filing. If the applicants intend to rely on public benefits to justify approval, they shall describe these benefits, including foreign policy and comity considerations. | |||
| 14:14:4.0.1.2.51.4.24.3 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | D | Subpart D—Section 41309 Applications | § 303.32 Service of the application. | FAA | [50 FR 31142, July 31, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | (a) Except as provided in paragraph (b) of this section, a section 41309 application described in § 303.30(c) of this subpart and any related pleadings shall be served on any person or organization that has previously advised the air carrier association of its desire for service of such agreements. Each application shall contain the names and addresses of all persons served and a notice that any party in interest may within 21 days of the date of the application file comments with the Assistant Secretary in support or opposition to the application. (b) Service of IATA Traffic Conference agreements and amendments thereto upon any person or organization that previously has advised IATA of its desire for service of agreements may be accomplished by sending a summary notice specifying the filing date; the IATA memorandum number; the particular Conferences involved; the subject matter (e.g., cargo/passenger, tariffs/agency matters/ procedures); the proposed effective date(s); the markets or Conference areas affected; the names of the carriers participating in the agreement; the names of all persons served; and a notice that any party in interest may within 21 days of the date of filing of the application file comments with the Assistant Secretary in support of or opposition to the application. A request for a complete copy of the application can be made under the provisions of § 303.04(j). | |||
| 14:14:4.0.1.2.51.4.24.4 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | D | Subpart D—Section 41309 Applications | § 303.33 Modifications and cancellations. | FAA | This subpart also applies to all modifications or cancellations of contracts or agreements or requests for authority to discuss a possible cooperative working arrangement. | ||||
| 14:14:4.0.1.2.51.5.24.1 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | E | Subpart E—Procedures Upon Application or Review | § 303.40 Determination of compliance. | FAA | (a) Within 10 days after an application is filed pursuant to § 303.03, the Assistant Secretary will determine whether the application complies with the requirements of §§ 303.04 and 303.05. (b) If the Assistant Secretary determines that the application is incomplete, he or she may issue a notice dismissing the application without prejudice. If the application is dismissed, and statutory time period for completion of proceedings will not begin to run until a completed application is filed. | ||||
| 14:14:4.0.1.2.51.5.24.2 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | E | Subpart E—Procedures Upon Application or Review | § 303.41 Notice. | FAA | (a) The Documentary Service Division shall compile a weekly list of all applications filed under §§ 303.04 and 303.05. The list shall include a description of the application, the docket number, date of filing, state that it may be reviewed in the Documentary Services Division, and indicate that interested parties may comment on the application or request a hearing within 21 days of the date of filling or other period as specified. The weekly list will normally be prepared on the following Monday, or as soon as possible, and will be posted on a public bulletin board in the Documentary Services Division. The list also shall be submitted for publication in the Federal Register. (b) In appropriate case, particularly when an application concerns a matter of broad public significance, the Assistant Secretary may cause a notice of an application and request for public comment to be published separately in the Federal Register. | ||||
| 14:14:4.0.1.2.51.5.24.3 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | E | Subpart E—Procedures Upon Application or Review | § 303.42 Comments on application. | FAA | [50 FR 31142, July 31, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | (a) Unless a different comment period is specified by notice or order, or in a notice of filing published in the Federal Register, any person may file comments, responses to the application, and/or a request for a hearing, within 21 days of the filing of an application. (b) Comments supporting or opposing an application or proposing conditions and responses thereto shall state with particularity the factual basis on which the person commenting relies, and provide affidavits or other material in support of the factual basis, if appropriate. (c) Requests for a formal oral evidentiary hearing must set out with specificity the material issues of fact in dispute that cannot be resolved without such a hearing. Vague, unsupported allegations will not suffice. | |||
| 14:14:4.0.1.2.51.5.24.4 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | E | Subpart E—Procedures Upon Application or Review | § 303.43 Action following the comment period. | FAA | [50 FR 31142, July 31, 1985, as amended by Amdt. 303-2, 54 FR 33500, Aug. 15, 1989; Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | (a) [Reserved] (b) Section 41309 applications. After the period for which comments, requests for a hearing or responses to an order to show cause are due concerning a section 41309 application, the Assistant Secretary may proceed by order requesting further information or justification or by order of approval or disapproval or, in appropriate cases, may proceed by order to show cause or by order instituting a full evidentiary hearing. (c) Notice to the public of any full evidentiary hearing or order to show cause concerning an application shall be made by publication in the Federal Register. | |||
| 14:14:4.0.1.2.51.5.24.5 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | E | Subpart E—Procedures Upon Application or Review | § 303.44 Show cause proceedings. | FAA | If the Assistant Secretary determines that an application, or review of a previously granted application, will be considered in a show cause proceeding, a tentative decision shall be issued inviting interested persons to show cause why the tentative decision should not be made final. Interested persons may respond to the order within the time specified in the order. Replies to such responses shall be permitted within the time specified in the order. Persons wishing to introduce additional facts into the record should incorporate such information in their responses or replies by affidavit. In the case of applications, show cause orders may be issued after the receipt of initial comments on the application. | ||||
| 14:14:4.0.1.2.51.5.24.6 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | E | Subpart E—Procedures Upon Application or Review | § 303.45 Evidentiary hearings. | FAA | [50 FR 31142, July 31, 1985, as amended at 65 FR 6456, Feb. 9, 2000; as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019] | (a) If the Assistant Secretary determines that an application, or review of a previous granted application, should be the subject of a full evidentiary hearing, he or she shall issue an order so stating. The term “full evidentiary hearing” includes any hybrid format set out in the instituting order. This order shall set forth the issues that are to be considered in such hearing. (b) After the issuance of an order for a full evidentiary hearing, the Chief Administrative Law Judge shall promptly appoint an Administrative Law Judge to conduct such hearing in accordance with section 7 of the Administrative Procedure Act, 5 U.S.C. 556, and the Rules of Practice in part 302 of this chapter. (c) The applicants and the Assistant General Counsel for Aviation Enforcement and Proceedings shall be parties in any full evidentiary hearing held under this part. The Assistant Attorney General, Antitrust, shall be a party upon notice filed with the Administrative Law Judge. Other persons may intervene as parties as provided by § 302.20 of this chapter. (d) Within the time specified in the order instituting the full evidentiary hearing, the Administrative Law Judge shall recommend to the Assistant Secretary that the application be approved or denied or that the previously granted exemption approval or immunity should be terminated or continued in accordance with the standards of the Act. The recommendation shall be in writing, shall be based solely on the hearing record, and shall include a statement of the Administrative Law Judge's findings and conclusions, and the reasons or basis therefore, or all material issues of fact, law or discretion presented on the record. Copies of the recommendation shall be served on each party. (e) Within 10 days after the date the Administrative Law Judge serves his or her recommendation, any party may file written exceptions to the recommendation for consideration by the Assistant Secretary. Within 21 days after the service date of the judge's recommendation, any party may file a brief in sup… | |||
| 14:14:4.0.1.2.51.5.24.7 | 14 | Aeronautics and Space | II | B | 303 | PART 303—REVIEW OF AIR CARRIER AGREEMENTS | E | Subpart E—Procedures Upon Application or Review | § 303.46 Decision by the Assistant Secretary. | FAA | The Assistant Secretary shall decide, on the basis of the record and in accordance with the procedures prescribed in part 302 of this chapter, whether to grant or deny, in whole or in part, the application. A copy of the Assistant Secretary's final decision shall be served on all parties. | ||||
| 15:15:2.1.1.1.4.1.1.1 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.1 Purpose. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 43568, Oct. 28, 1985; 53 FR 52994, Dec. 30, 1988; 61 FR 55884, Oct. 30, 1996; 70 FR 67647, Nov. 8, 2005; 72 FR 16713, Apr. 5, 2007] | (a) This part implements the responsibilities of the Secretaries of Commerce and the Interior (“the Secretaries”) under Pub. L. 97-446, enacted on 12 January 1983, which substantially amended Pub. L. 89-805, enacted 10 November 1966, amended by Pub. L. 94-88, enacted 8 August 1975, and amended by Pub. L. 94-241, enacted 24 March 1976, amended by Public Law 103-465, enacted 8 December 1994 and amended by Public Law 108-429 enacted 3 December 2004. The law provides for exemption from duty of territorial watches and watch movements without regard to the value of the foreign materials they contain, if they conform with the provisions of U.S. Legal Note 5 to Chapter 91 of the Harmonized Tariff Schedule of the United States (“91/5”). 91/5 denies this benefit to articles containing any material which is the product of any country with respect to which Column 2 rates of duty apply; authorizes the Secretaries to establish the total quantity of such articles, provided that the quantity so established does not exceed 10,000,000 units or one-ninth of apparent domestic consumption, whichever is greater, and provided also that the quantity is not decreased by more than ten percent nor increased by more than twenty percent (or to more than 7,000,000 units, whichever is greater) of the quantity established in the previous year. (b) The law directs the International Trade Commission to determine apparent domestic consumption for the preceding calendar year in the first year U.S. insular imports of watches and watch movements exceed 9,000,000 units. 91/5 authorizes the Secretaries to establish territorial shares of the overall duty-exemption within specified limits; and provides for the annual allocation of the duty-exemption among insular watch producers equitably and on the basis of allocation criteria, including minimum assembly requirements, that will reasonably maximize the net amount of direct economic benefits to the insular possessions. (c) The amended law also provides for the issuance to producers of certificates entit… | |||
| 15:15:2.1.1.1.4.1.1.10 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | §§ 303.10-303.11 [Reserved] | ITA | |||||
| 15:15:2.1.1.1.4.1.1.11 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.12 Issuance and use of production incentive certificates. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 43568, Oct. 28, 1985; 56 FR 9621, Mar. 7, 1991; 61 FR 55885, Oct. 30, 1996; 66 FR 34812, July 2, 2001; 70 FR 67648, Nov. 8, 2005; 72 FR 16714, Apr. 5, 2007] | (a) Issuance of certificates. (1) The total annual amount of the Certificate of Entitlement, Form ITA-360, may be divided and issued on a biannual basis. The first portion of the total annual certificate amount will be based on reported duty-free shipments and creditable wages, determined from the wages as reported on the employer's first two quarterly federal tax returns (941-SS), paid during the first six months of the calendar year, using the formula in § 303.14(c). The Departments require the receipt of the data by July 31 for each producer who wishes to receive an interim duty refund certificate. The interim duty refund certificate will be issued on or before August 31 of the same calendar year in which the wages were earned unless the Departments have unresolved questions. The process of determining the total annual amount of the duty refund will be based on verified creditable wages, duty-free shipments into the customs territory of the United States, creditable health insurance, life insurance and pension benefits and the duty differential, if watch tariffs have been reduced during the calendar year. The completed annual application (Form ITA-334P) shall be received by the Departments on or before January 31 and the annual verification of data and the calculation of each producer's total annual duty refund, based on the verified data, will continue to take place in February. Once the calculations for each producer's duty refund has been completed, the portion of the duty refund that has already been issued to each producer will be deducted from the total amount of each producer's annual duty refund amount. The duty refund certificate will continue to be issued by March 1 unless the Departments have unresolved questions. (2) Certificates shall not be issued to more than one company in the territories owned or controlled by the same corporate entity. (b) Securities and handling of certificates. (1) Certificate holders are responsible for the security of the certificates. The certificates shall be kept… | |||
| 15:15:2.1.1.1.4.1.1.12 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.13 Appeals. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 56 FR 9622, Mar. 7, 1991; 72 FR 16714, Apr. 5, 2007; 78 FR 72571, Dec. 3, 2013] | (a) Any official decision or action relating to the allocation of duty-exemptions or to the issuance or use of production incentive certificates may be appealed to the Secretaries by any interested party. Such appeals must be received within 30 days of the date on which the decision was made or the action taken in accordance with the procedures set forth in paragraph (b) of this section. Interested parties may petition for the issuance of a rule, or amendment or repeal of a rule issued by the Secretaries. Interested parties may also petition for relief from the application of any rule on the basis of hardship or extraordinary circumstances resulting in the inability of the petitioner to comply with the rule. (b) Petitions shall bear the name and address of the petitioner and the name and address of the principal attorney or authorized representative (if any) for the party concerned. They shall be addressed to the Secretaries and filed in one original and two copies with the U.S. Department of Commerce, Enforcement and Compliance, International Trade Administration, Washington, D.C. 20230, Attention: Statutory Import Programs Staff. Petitions shall contain the following: (1) A reference to the decision, action or rule which is the subject of the petition; (2) A short statement of the interest of the petitioner; (3) A statement of the facts as seen by the petitioner; (4) The petitioner's argument as to the points of law, policy of fact. In cases where policy error is contended, the alleged error together with the policy the submitting party advocates as the correct one should be described in full; (5) A conclusion specifying the action that the petitioner believes the Secretaries should take. (c) The Secretaries may at their discretion schedule a hearing and invite the participation of other interested parties. (d) The Secretaries shall communicate their decision which shall be final, to the petitioner by registered mail. (e) If the outcome of any petition materially affects the amount of the petitioner's … | |||
| 15:15:2.1.1.1.4.1.1.13 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.14 Allocation factors, duty refund calculations and miscellaneous provisions. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 43568, Oct. 28, 1985; 53 FR 17825, May 19, 1988; 53 FR 52679, Dec. 29, 1988; 53 FR 52994, Dec. 30, 1988; 56 FR 9622, Mar. 7, 1991; 58 FR 21348, Apr. 21, 1993; 59 FR 8847, 8848, Feb. 24, 1994; 61 FR 55885, Oct. 30, 1996; 63 FR 49667, Sept. 17, 1998; 65 FR 8049, Feb. 17, 2000; 69 FR 51533, Aug. 20, 2004; 72 FR 16714, Apr. 5, 2007] | (a) The allocation formula. (1) Except as provided in (a)(2) of this section, the territorial shares (excluding any amount set aside for possible new entrants) shall be allocated among the several producers in each territory in accordance with the following formula: (i) Fifty percent of the territorial share shall be allocated on the basis of the net dollar amount of economic contributions to the territory consisting of the dollar amount of creditable wages, up to an amount equal to 65% of the contribution and benefit base for Social Security as defined in the Social Security Act for the year in which the wages were earned, paid by each producer to territorial residents, plus the dollar amount of income taxes (excluding penalty and interest payments and deducting any income tax refunds and subsidies paid by the territorial government), and (ii) Fifty percent of the territorial share shall be allocated on the basis of the number of units of watches and watch movements assembled in the territory and entered by each producer duty-free into the customs territory of the United States. (2) If there is only one producer in a territory, the entire territorial share, excluding any amount set aside for possible new entrants, may be allocated without recourse to any distributive formula. (b) Minimum assembly requirements and prohibition of preferential supply relationship. (1) No insular watch movement or watch may be entered free of duty into the customs territory of the United States unless the producer used 30 or more discrete parts and components to assemble a mechanical watch movement and 33 or more discrete parts and components to assemble a mechanical watch. (2) Quartz analog watch movements must be assembled from parts knocked down to the maximum degree possible for the technical capabilities of the insular industry as a whole. The greatest degree of disassembly specified, for each manufacturer's brand and model, by any producer in any territory purchasing such brands and models shall constitute the disasse… | |||
| 15:15:2.1.1.1.4.1.1.2 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.2 Definitions and forms. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 43568, Oct. 28, 1985; 53 FR 52994, Dec. 30, 1988; 56 FR 9621, Mar. 7, 1991; 61 FR 55884, 55885, Oct. 30, 1996; 65 FR 8049, Feb. 17, 2000; 66 FR 34812, July 2, 2001; 67 FR 77408, Dec. 18, 2002; 68 FR 56555, Oct. 1, 2003; 70 FR 67647, Nov. 8, 2005; 72 FR 16714, Apr. 5, 2007; 73 FR 62881, Oct. 22, 2008] | (a) Definitions. Unless the context indicates otherwise: (1) Act means Pub. L. 97-446, enacted January 12, 1983 (19 U.S.C. 1202), 96 Stat. 2329, as amended at Pub. L. 103-465, enacted on December 8, 1994, 108 Stat. 4991, Public Law 108-429, enacted on 3 December 2004, 118 Stat. 2582. (2) Secretaries means the Secretary of Commerce and the Secretary of Interior or their delegates, acting jointly. (3) Director means the Director of the Statutory Import Programs Staff, International Trade Administration, U.S. Department of Commerce. (4) Sale or tranfer of a business means the sale or transfer of control, whether temporary or permanent, over a firm to which a duty-exemption has been allocated, to any other firm, corporation, partnership, person or other legal entity by any means whatsoever, including, but not limited to, merger and transfer of stock, assets or voting trusts. (5) New firm is a watch firm not affiliated through ownership or control with any other watch duty-refund recipient. In assessing whether persons or parties are affiliated, the Secretaries will consider the following factors, among others: stock ownership; corporate or family groupings; franchise or joint venture agreements; debt financing; and close supplier relationships. The Secretaries may not find that control exists on the basis of these factors unless the relationship has the potential to affect decisions concerning production, pricing, or cost. Also, no watch duty-refund recipient may own or control more than one jewelry duty-refund recipient. A new entrant is a new watch firm which has received an allocation. (6) Producer means a duty-exemption holder which has maintained its eligibility for further allocations by complying with these regulations. (7) Established industry means all producers, including new entrants, that have maintained their eligibility for further allocations. (8) Territories, territorial, and insular possessions refer to the insular possessions of the United States ( i.e. , the U.S. Virgin Isla… | |||
| 15:15:2.1.1.1.4.1.1.3 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.3 Determination of the total annual duty-exemption. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 7170, Feb. 21, 1985; 50 FR 43568, Oct. 28, 1985; 53 FR 52994, Dec. 30, 1988] | (a) Procedure for determination. If, after considering the productive capacity of the territorial watch industry and the economic interests of the territories, the Secretaries determine that the amount of the total annual duty-exemption, or the territorial shares of the total amount, should be changed, they shall publish in the Federal Register a proposed limit on the quantity of watch units which may enter duty-free into the customs territory of the United States and proposed territorial shares thereof and, after considering comments, establish the limit and shares by Federal Register notice. If the Secretaries take no action under this section, they shall make the allocations in accordance with the limit and shares last established by this procedure. (b) Standards for determination. (1) Notwithstanding paragraph (b)(2) of this section, the limit established for any year may be 7,000,000 units if the limit established for the preceding year was a smaller amount. (2) Subject to paragraph (c) of this section, the total annual duty-exemption shall not be decreased by more than 10% of the quantity established for the preceding calendar year, or increased, if the resultant total is larger than 7,000,000, by more than 20% of the quantity established for the calendar year immediately preceding. (3) The Secretaries shall determine the limit after considering the interests of the territories; the domestic or international trade policy objectives of the United States; the need to maintain the competitive nature of the territorial industry; the total contribution of the industry to the economic well-being of the territories; and the territorial industry's utilization of the total duty-exemption established in the preceding year. (c) Determinations based on consumption. (1) The Secretaries shall notify the International Trade Commission whenever they have reason to believe duty-free watch imports from the territories will exceed 9,000,000 units, or whenever they make a preliminary determination that the total … | |||
| 15:15:2.1.1.1.4.1.1.4 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.4 Determination of territorial distribution. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 7170, Feb. 21, 1985] | (a) Procedure for determination. The Secretaries shall determine the territorial shares concurrently with their determination of the total annual duty exemption, and in the same manner (see § 303.3, above). (b) Standards for determination —(1) Limitations. A territorial share may not be reduced by more than 500,000 units in any calendar year. No territorial share shall be less than 500,000 units. (2) Criteria for setting precise quantities. The Secretaries shall determine the precise quantities after considering, inter alia, the territorial capacity to produce and ship watch units. The Secretaries shall further bear in mind the aggregate benefits to the territories, such as creditable wages paid, creditable wages per unit exported, and corporate income tax payments. (3) Limitations on reduction of share. The Secretaries shall not reduce a territory's share if its producers use 85% or more of the quantity distributed to that territory in the immediately preceding year, except in the case of a major increase or decrease in the number of producers in a territory or if they believe that a territorial industry will decrease production by more than 15% from the total of the preceding year. (4) Standby redistribution authority. The Secretaries may redistribute territorial shares if such action is warranted by circumstances unforeseen at the time of the initial distributions, such as that a territory will use less than 80% of its total by the end of a calendar year, or if a redistribution is necessary to maintain the competitive nature of the territorial industries. | |||
| 15:15:2.1.1.1.4.1.1.5 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.5 Application for annual allocations of duty-exemptions and duty-refunds. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 43568, Oct. 28, 1985; 53 FR 52994, Dec. 30, 1988; 68 FR 56556, Oct. 1, 2003; 70 FR 67648, Nov. 8, 2005; 72 FR 16714, Apr. 5, 2007] | (a) Application forms (ITA-334P) shall be furnished to producers by January 1, and must be completed and returned to the Director no later than January 31, of each calendar year. (b) All data supplied are subject to verification by the Secretaries and no allocation or duty-refund certificate shall be made to producer until the Secretaries are satisfied that the data are accurate. To verify the data, representatives of the Secretaries shall have access to relevant company records including: (1) Work sheets used to answer all questions on the application form; (2) Original records from which such data are derived; (3) Records pertaining to ownership and control of the company and to the satisfaction of eligibility requirements of duty-free treatment of its product by the Bureau of Customs and Border Protection; (4) Records pertaining to corporate income taxes, gross receipts taxes and excise taxes paid by each producer in the territories on the basis of which a portion of each producer's annual allocation is or may be predicated; (5) Customs, bank, payroll, including time cards, production records, and all shipping records including the importer of record number and proof of residency, as requested; (6) Records on purchases of components, including documentation on the purchase of any preassembled movements, which demonstrate that such movements could not have been purchased from the vendor in an unassembled condition, and records on the sales of insular watches and movements, including proof of payment; and (7) Any other records in the possession of the parent or affiliated companies outside the territory pertaining to any aspect of the producer's 91/5 watch assembly operation. (8) All records pertaining to health insurance, life insurance and pension benefits for each employee; and (9) If HTSUS tariffs on watches and watch movements are reduced, records of the annual aggregate data by individual HTSUS watch tariff numbers for the following components contained therein would be required: the quantity and… | |||
| 15:15:2.1.1.1.4.1.1.6 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.6 Allocation and reallocation of exemptions among producers. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 43568, Oct. 28, 1985; 61 FR 55885, Oct. 30, 1996; 63 FR 5888, Feb. 5, 1998] | (a) Interim allocations. As soon as practicable after January 1 of each year the Secretaries shall make an interim allocation to each producer equaling 70% of the number of watch units it has entered duty-free into the customs territory of the United States during the first eight months of the preceding calendar year, or any lesser amount requested in writing by the producer. The Secretaries may also issue a lesser amount if, in their judgment, the producer might otherwise receive an interim allocation in an amount greater than the producer's probable annual allocation. In calculating the interim allocations, the Director shall count only duty-free watches and watch movements verified by the Bureau of Customs and Border Protection, or verified by other means satisfctory to the Secretaries, as having been entered on or before August 31 of the preceding year. Interim allocations shall not be published. (b) Annual allocations. (1) By March 1 of each year the Secretaries shall make annual allocations to the producers in accordance with the allocation formula based on data supplied in their annual application (Form ITA-334P) and verified by the Secretaries. (2) The excess of a producer's duty-exemption earned under the allocation criteria over the amount formally requested by the producer shall be considered to have been relinquished voluntarily (see paragraph (f) below). A producer's request may be modified by written communication received by the Secretaries by February 28, or, at the discretion of the Secretaries, before the annual allocations are made. An allocation notice shall be published in the Federal Register. (c) Supplemental allocations. At the request of a producer, the Secretaries may supplement a producer's interim allocation if the Secretaries determine the producer's interim allocation will be used before the Secretaries can issue the annual allocation. Allocations to supplement a producer's annual allocation shall be made under the reallocation provisions prescribed below. (d) Allocations… | |||
| 15:15:2.1.1.1.4.1.1.7 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.7 Issuance of licenses and shipment permits. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 43568, Oct. 28, 1985; 61 FR 55885, Oct. 30, 1996] | (a) Issuance of Licenses (ITA-333). (1) Concurrently with annual allocations under § 303.5 the Director shall issue a non-transferable license (Form ITA-333) to each producer. The Director shall also issue a replacement license if a producer's allocation is reduced pursuant to § 303.6. (2) Annual duty-exemption licenses shall be for only that portion of a producer's annual duty-exemption not previously licensed. (3) If a producer's duty-exemption has been reduced, the Director shall not issue a replacement license for the reduced amount until the producer's previous license has been received for cancellation by the Director. (4) A producer's license shall be used in their entirety, except when they expire or are cancelled, in order of their date of issuance, i.e., an interim license must be completely used before shipment permits can be issued against an interim supplemental license. (5) Outstanding licenses issued by the Director automatically expire at midnight, December 31, of each calendar year. No unused allocation of duty-exemption may be carried over into the subsequent calendar year. (6) The Director shall ensure that all licenses issued are conspicuously marked to show the type of license issued, the identity of the producer, and the year for which the license is valid. All licenses shall bear the signature of the Director. (7) Each producer is responsible for the security of its licenses. The loss of a license shall be reported immediately to the Director. Defacing, tampering with, and unauthorized use of a license are forbidden. (b) Shipment Permit Requirements (ITA-340). (1) Producers may obtain shipment permits from the territorial government officials designated by the Governor. Permits may also be produced in any computerized or other format or medium approved by the Departments. The permit is for use against a producer's valid duty-exemption license and a permit must be completed for every duty-free shipment. (2) Each permit must specify the license and permit number, the number of wat… | |||
| 15:15:2.1.1.1.4.1.1.8 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.8 Maintenance of duty-exemption entitlements. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 61 FR 55885, Oct. 31, 1996] | (a) The Secretaries may order a producer to show cause within 30 days of receipt of the order why the duty-exemption to which the firm would otherwise be entitled should not be cancelled, in whole or in part, if: (1) At any time after June 30 of the calendar year: (i) A producer's assembly and shipment record provides a reasonable basis to conclude that the producer will use less than 80 percent of its total allocation by the end of the calendar year, and (ii) The producer refuses a request from the Departments to relinquish that portion of its allocation which they conclude will not be used; or (2) A producer fails to satisfy or fulfill any term, condition or representation, whether undertaken by itself or prescribed by the Departments, upon which receipt of allocation has been predicated or upon which the Departments have relied in connection with the sale or transfer of a business together with its allocation; or (3) A producer, in the judgment of the Secretaries, has failed to make a meaningful contribution to the territory for a period of two or more consecutive calendar years, when compared with the performance of the duty-free watch assembly industry in the territory as a whole. This comparison shall include the producer's quantitative use of its allocations, amount of direct labor employed in the assembly of watches and watch movements, and the net amount of corporate income taxes paid to the government of the territory. If the producer fails to satisfy the Secretaries as to why such action should not be taken, the firm's allocation shall be reduced or cancelled, whichever is appropriate under the show-cause order. The eligibility of a firm whose allocation has been cancelled to receive further allocations may also be terminated. (b) The Secretaries may also issue a show-cause order to reduce or cancel a producer's allocation or production incentive certificate (see § 303.12, below), as appropriate, or to declare the producer ineligible to receive an allocation or certificate if it violates any r… | |||
| 15:15:2.1.1.1.4.1.1.9 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | A | Subpart A—Watches and Watch Movements | § 303.9 Restrictions on the transfer of duty-exemptions. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 50 FR 43568, Oct. 28, 1985] | (a) The sale or transfer of a duty-exemption from one firm to another shall not be permitted. (b) The sale or transfer of a business together with its duty-exemption shall be permitted with prior written notification to the Departments. Such notification shall be accompanied by certifications and representations, as appropriate, that: (1) If the transferee is a subsidiary of or in any way affiliated with any other company engaged in the production of watch movements components being offered for sale to any territorial producer, the related company or companies will continue to offer such watch and watch movement components on equal terms and conditions to all willing buyers and shall not engage in any practice, in regard to the sale of components, that competitively disadvantages the non-affiliated territorial producers vis-a-vis the territorial subsidiary; (2) The sale or transfer price for the business together with its duty-exemption does not include the capitalization of the duty-exemption per se; (3) The transferee is neither directly or indirectly affiliated with any other territorial duty-exemption holder in any territory; (4) The transferee will not modify the watch assembly operations of the duty-exemption firm in a manner that will significantly diminish its economic contributions to the territory. (c) At the request of the Departments, the transferee shall permit representatives of the Departments to inspect whatever records are necessary to establish to their satisfaction that the certifications and representations contained in paragraph (b) of this section have been or are being met. (d) Any transferee who is either unwilling or unable to make the certifications and representations specified in paragraph (b) of this section shall secure the Departments' approval in advance of the sale or transfer of the business together with its duty-exemption. The request for approval shall specify which of the certifications specified in paragraph (b) of this section the firm is unable or unwilling to ma… | |||
| 15:15:2.1.1.1.4.2.1.1 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | B | Subpart B—Jewelry | § 303.15 Purpose. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 70 FR 67648, Nov. 8, 2005; 72 FR 16715, Apr. 5, 2007; 73 FR 34857, June 19, 2008] | (a) This subpart implements the responsibilities of the Secretaries of Commerce and the Interior (“the Secretaries”) under Pub. L. 106-36, enacted 25 June 1999 which substantially amended Pub. L. 97-446, enacted 12 January 1983, amended by Pub. L. 89-805, enacted 10 November 1966, amended by Pub. L. 94-88, enacted 8 August 1975, amended by Pub. L. 94-241, enacted 24 March 1976, and amended by Pub. L. 103-465, enacted 8 December 1994, and Public Law 108-429, enacted on 3 December 2004. (b) The amended law provides for the issuance of certificates to insular jewelry producers who have met the requirements of the laws and regulations, entitling the holder (or any transferee) to obtain refunds of duties on any article imported into the customs territory of the United States duty paid except for any article containing a material which is the product of a country to which column 2 rates of duty apply. The amounts of these certificates may not exceed specified percentages of the producers' verified creditable wages in the insular possessions (90% of wages paid for the production of the first 300,000 duty-free units and declining percentages, established by the Secretaries, of wages paid for incremental production up to 10,000,000 units by each producer) nor an aggregate annual amount for all certificates exceeding $5,000,000 adjusted for growth by the ratio of the previous year's gross national product to the gross national product in 1982. However, the law specifies that watch producer benefits are not to be diminished as a consequence of extending the duty refund to jewelry manufacturers. In the event that the amount of the calculated duty refunds for watches and jewelry exceeds the total aggregate annual amount that is available, the watch producers shall receive their calculated amounts and the jewelry producers would receive amounts proportionately reduced from the remainder. Refund requests are governed by regulations issued by the Department of Homeland Security (see 19 CFR 7.4). (c) Section 2401(a) of Pub. L. … | |||
| 15:15:2.1.1.1.4.2.1.2 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | B | Subpart B—Jewelry | § 303.16 Definitions and forms. | ITA | [64 FR 67150, Dec. 1, 1999, as amended at 65 FR 8049, Feb. 17, 2000; 66 FR 34812, July 2, 2001; 67 FR 77409, Dec. 18, 2202; 70 FR 67648, Nov. 8, 2005; 72 FR 16715, Apr. 5, 2007; 73 FR 62881, Oct. 22, 2008] | (a) Definitions. For purposes of the subpart, unless the context indicates otherwise: (1) Act means Pub. L. 97-446, enacted 12 January 1983 (19 U.S.C. 1202), 96 Stat. 2329, as amended by Pub. L. 103-465, enacted on 8 December 1994, 108 Stat. 4991 and, as amended by Pub. L. 106-36, enacted on 25 June 1999, and Public Law 108-429, enacted on 3 December 2004. (2) Secretaries means the Secretary of Commerce and the Secretary of the Interior or their delegates, acting jointly. (3) Director means the Director of the Statutory Import Programs Staff, International Trade Administration, U.S. Department of Commerce. (4) Sale or transfer of a business means the sale or transfer of control, whether temporary or permanent, over a firm which is eligible for a jewelry program duty-refund to any other firm, corporation, partnership, person or other legal entity by any means whatsoever, including, but not limited to, merger and transfer of stock, assets or voting trusts. (5) New firm means a jewelry company which has requested in writing to the Secretaries permission to participate in the program. In addition to any other information required by the Secretaries, new firm requests shall include a representation that the company agrees to abide by the laws and regulations of the program, an outline of the company's anticipated economic contribution to the territory (including the number of employees) and a statement as to whether the company is affiliated by ownership or control with any other watch or jewelry company in the insular possessions. The Secretaries will then review the request and make a decision based on the information provided and the economic contribution to the territory. A new jewelry firm may not be affiliated through ownership or control with any other jewelry duty-refund recipient. In assessing whether persons or parties are affiliated, the Secretaries will consider the following factors, among others: stock ownership; corporate or family groupings; franchise or joint venture agreements; debt … | |||
| 15:15:2.1.1.1.4.2.1.3 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | B | Subpart B—Jewelry | § 303.17 Application for annual duty-refunds. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 66 FR 34813, July 2, 2001; 70 FR 67650, Nov. 8, 2005; 72 FR 16715, Apr. 5, 2007] | (a) Form ITA-334P shall be furnished to producers by January 1 and must be completed and returned to the Director no later than January 31 of each calendar year. (b) All data supplied are subject to verification by the Secretaries and no duty refund shall be made to producers until the Secretaries are satisfied that the data are accurate. To verify the data, representatives of the Secretaries shall have access to relevant company records including, but not limited to: (1) Work sheets used to answer all questions on the application form, as specified by the instructions; (2) Original records from which such data are derived; (3) Records pertaining to ownership and control of the company; (4) Records pertaining to all duty-free and dutiable shipments of HTSUS 7113 jewelry, including Customs entry documents, or the certificate of origin for the shipment, or, if a company did not receive such documents from Customs, a certification from the consignee that the jewelry shipment received duty-free treatment, or a certification from the producer, if the producer can attest that the jewelry shipment received duty-free treatment; (5) Records pertaining to corporate income taxes, gross receipts taxes and excise taxes paid by each producer in the territories; (6) Customs, bank, payroll, including time cards, production records, and all shipping records including the importer of record number and proof of residency, as requested; (7) All records pertaining to health insurance, life insurance and pension benefits for each employee; (8) Records on purchases of components and sales of jewelry, including proof of payment; and (9) Any other records in the possession of the parent or affiliated companies outside the territory pertaining to any aspect of the producer's jewelry operations. (c) Data verification shall be performed in the territories, unless other arrangements satisfactory to the Departments are made in advance, by the Secretaries' representatives by the end of February of each calendar year. It is the respo… | |||
| 15:15:2.1.1.1.4.2.1.4 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | B | Subpart B—Jewelry | § 303.18 Sale or transfer of business. | ITA | (a) The sale or transfer of a business together with its duty refund entitlement shall be permitted with prior written notification to the Departments. Such notification shall be accompanied by certifications and representations, as appropriate, that: (1) The transferee is neither directly nor indirectly affiliated with any other territorial duty refund jewelry recipient in any territory; (2) The transferee will not modify the jewelry operations in a manner that will significantly diminish its economic contributions to the territory. (b) At the request of the Departments, the transferee shall permit representatives of the Departments to inspect whatever records are necessary to establish to their satisfaction that the certifications and representations contained in paragraph (a) of this section have been or are being met. (c) Any transferee who is either unwilling or unable to make the certifications and representations specified in paragraph (a) of this section shall secure the Departments' approval in advance of the sale or transfer of the business. The request for approval shall specify which of the certifications specified in paragraph (a) of this section the firm is unable or unwilling to make, and give reasons why such fact should not constitute a basis for the Departments' disapproval of the sale or transfer. | ||||
| 15:15:2.1.1.1.4.2.1.5 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | B | Subpart B—Jewelry | § 303.19 Issuance and use of production incentive certificates. | ITA | [49 FR 17740, Apr. 25, 1984, as amended at 66 FR 34813, July 2, 2001; 70 FR 67650, Nov. 8, 2005; 72 FR 16715, Apr. 5, 2007] | (a) Issuance of certificates. (1) The total annual amount of the Certificate of Entitlement, Form ITA-360, may be divided and issued on a biannual basis. The first portion of the total annual certificate amount will be based on reported duty-free shipments and creditable wages, determined from the wages as reported on the employer's first two quarterly federal tax returns (941-SS), paid during the first six month of the calendar year, using the formula in § 303.20(b). The Departments require the receipt of the data by July 31 for each producer who wishes to receive an interim duty refund certificate. The interim duty refund certificate will be issued on or before August 31 of the same year in which the wages were earned unless the Departments have unresolved questions. The process of determining the total annual amount of the duty refund will be based on verified creditable wages, duty-free shipments into the customs territory of the United States, creditable health insurance, life insurance and pension benefits and the duty differential, if watch tariffs have been reduced during the calendar year. The completed annual application (Form ITA-334P) shall be received by the Departments on or before January 31 and the annual verification of data and calculation of each producer's total annual duty refund, based on the verified data, will continue to take place in February. Once the calculations for each producer's duty refund has been completed, the portion of the duty refund that has already been issued to each producer will be deducted from the total amount of each producer's annual duty refund amount. The duty refund certificate will continue to be issued by March 1 unless the Departments have unresolved questions. (2) Certificates shall not be issued to more than one jewelry company in the territories owned or controlled by the same corporate entity. (b) Security and handling of certificates. (1) Certificate holders are responsible for the security of the certificates. The certificates shall be kept at the … | |||
| 15:15:2.1.1.1.4.2.1.6 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | B | Subpart B—Jewelry | § 303.20 Duty refund calculations and miscellaneous provisions. | ITA | [64 FR 67150, Dec. 1, 1999, as amended at 70 FR 67650, Nov. 8, 2005; 72 FR 16715, Apr. 5, 2007; 73 FR 34857, June 19, 2008] | (a) Territorial jewelry producers are entitled to duty refund certificates only for jewelry that they produce which is provided for in heading 7113, HTSUS, is a product of a territory and otherwise meets the requirements for duty-free entry under General Note 3 (a)(iv), HTSUS, and 19 CFR 7.3. (1) An article of jewelry is considered to be a product of a territory if: (i) The article is wholly the growth or product of the territory; or (ii) The article became a new and different article of commerce as a result of production or manufacture performed in the territories. (2) Eighteen month exemption. Any article of jewelry provided for in HTSUS heading 7113, assembled in the insular possessions by a new entrant jewelry manufacturer shall be treated as a product of the insular possessions if such article is entered into the customs territory of the United States no later than 18 months after such producer commences jewelry manufacturing or jewelry assembly operations in the insular possessions. (b) Calculation of the value of the mid-year production incentive certificates. (1) The value of each producer's certificate shall equal the producer's average creditable wage per unit shipped during the first six months of the calendar year multiplied by the sum of: (i) The number of units shipped up to 300,000 units times a factor of 90%; plus (ii) Incremental units shipped up to 3,533,334 units times a factor of 85%; plus (iii) Incremental units shipped up to 6,766,667 units times a factor of 80%; plus (iv) Incremental units shipped up to 10,000,000 units times a factor of 75%. (2) Calculation of the value of the annual production incentive certificates. The value of each producer's certificate shall equal the producer's average creditable benefit per unit based on creditable wages, health insurance, life insurance and pension benefits averaged from the amount of duty free units shipped during the calendar year multiplied by the sum of the following to obtain the total verified amount of the annual duty-refund p… | |||
| 15:15:2.1.1.1.4.2.1.7 | 15 | Commerce and Foreign Trade | III | A | 303 | PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM | B | Subpart B—Jewelry | § 303.21 Appeals. | ITA | [64 FR 67150, Dec. 1, 1999, as amended at 72 FR 16716; 78 FR 72571, Dec. 3, 2013] | (a) Any official decision or action relating to the issuance or use of production incentive certificates may be appealed to the Secretaries by any interested party. Such appeals must be received within 30 days of the date on which the decision was made or the action taken in accordance with the procedures set forth in paragraph (b) of this section. Interested parties may petition for the issuance of a rule, or amendment or repeal of a rule issued by the Secretaries. Interested parties may also petition for relief from the application of any rule on the basis of hardship or extraordinary circumstances resulting in the inability of the petitioner to comply with the rule. (b) Petitions shall bear the name and address of the petitioner and the name and address of the principal attorney or authorized representative (if any) for the party concerned. They shall be addressed to the Secretaries and filed in one original and two copies with the U.S. Department of Commerce, Enforcement and Compliance, International Trade Administration, Washington, DC 20230, Attention: Statutory Import Programs Staff. Petitions shall contain the following: (1) A reference to the decision, action or rule which is the subject of the petition; (2) A short statement of the interest of the petitioner; (3) A statement of the facts as seen by the petitioner; (4) The petitioner's argument as to the points of law, policy or fact. In cases where policy error is contended, the alleged error together with the policy the submitting party advocates as the correct one should be described in full; (5) A conclusion specifying the action that the petitioner believes the Secretaries should take. (c) The Secretaries may at their discretion schedule a hearing and invite the participation of other interested parties. (d) The Secretaries shall communicate their decision, which shall be final, to the petitioner by registered, certified or express mail. | |||
| 34:34:2.1.1.1.2.1.101.1 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.1 Purpose of the early intervention program for infants and toddlers with disabilities. | ED | The purpose of this part is to provide financial assistance to States to— (a) Develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families; (b) Facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage); (c) Enhance State capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; (d) Enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, including historically underrepresented populations, particularly minority, low-income, inner-city, and rural children, and infants and toddlers in foster care; and (e) Encourage States to expand opportunities for children under three years of age who would be at risk of having substantial developmental delay if they did not receive early intervention services. | |||||
| 34:34:2.1.1.1.2.1.101.2 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.2 Eligible recipients of an award and applicability of this part. | ED | (a) Eligible recipients of an award. Eligible recipients include the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, the Secretary of the Interior, and the following jurisdictions: Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Applicability of this part. (1) The provisions of this part apply to— (i) The State lead agency and any EIS provider that is part of the statewide system of early intervention, regardless of whether that EIS provider receives funds under part C of the Act; and (ii) All children referred to the part C program, including infants and toddlers with disabilities consistent with the definitions in §§ 303.6 and 303.21, and their families. (2) The provisions of this part do not apply to any child with a disability receiving a free appropriate public education or FAPE under 34 CFR part 300. | |||||
| 34:34:2.1.1.1.2.1.101.3 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.3 Applicable regulations. | ED | [76 FR 60244, Sept. 28, 2011, as amended at 79 FR 76097, Dec. 19, 2014 | (a) The following regulations apply to this part: (1) The regulations in this part 303. (2) EDGAR, including 34 CFR parts 76 (except for § 76.103), 77, 79, 81, 82, 84, and 86. (3) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted in part 3474, and the OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted in 2 CFR part 3485. (b) In applying the regulations cited in paragraph (a)(2) of this section, any reference to— (1) State educational agency means the lead agency under this part; and (2) Education records or records means early intervention records. | ||||
| 34:34:2.1.1.1.2.1.102.10 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.10 Developmental delay. | ED | Developmental delay, when used with respect to a child residing in a State, has the meaning given that term by the State under § 303.111. | |||||
| 34:34:2.1.1.1.2.1.102.11 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.11 Early intervention service program. | ED | Early intervention service program or EIS program means an entity designated by the lead agency for reporting under §§ 303.700 through 303.702. | |||||
| 34:34:2.1.1.1.2.1.102.12 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.12 Early intervention service provider. | ED | (a) Early intervention service provider or EIS provider means an entity (whether public, private, or nonprofit) or an individual that provides early intervention services under part C of the Act, whether or not the entity or individual receives Federal funds under part C of the Act, and may include, where appropriate, the lead agency and a public agency responsible for providing early intervention services to infants and toddlers with disabilities in the State under part C of the Act. (b) An EIS provider is responsible for— (1) Participating in the multidisciplinary individualized family service plan (IFSP) Team's ongoing assessment of an infant or toddler with a disability and a family-directed assessment of the resources, priorities, and concerns of the infant's or toddler's family, as related to the needs of the infant or toddler, in the development of integrated goals and outcomes for the IFSP; (2) Providing early intervention services in accordance with the IFSP of the infant or toddler with a disability; and (3) Consulting with and training parents and others regarding the provision of the early intervention services described in the IFSP of the infant or toddler with a disability. | |||||
| 34:34:2.1.1.1.2.1.102.13 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.13 Early intervention services. | ED | (a) General. Early intervention services means developmental services that— (1) Are provided under public supervision; (2) Are selected in collaboration with the parents; (3) Are provided at no cost, except, subject to §§ 303.520 and 303.521, where Federal or State law provides for a system of payments by families, including a schedule of sliding fees; (4) Are designed to meet the developmental needs of an infant or toddler with a disability and the needs of the family to assist appropriately in the infant's or toddler's development, as identified by the IFSP Team, in any one or more of the following areas, including— (i) Physical development; (ii) Cognitive development; (iii) Communication development; (iv) Social or emotional development; or (v) Adaptive development; (5) Meet the standards of the State in which the early intervention services are provided, including the requirements of part C of the Act; (6) Include services identified under paragraph (b) of this section; (7) Are provided by qualified personnel (as that term is defined in § 303.31), including the types of personnel listed in paragraph (c) of this section; (8) To the maximum extent appropriate, are provided in natural environments, as defined in § 303.26 and consistent with §§ 303.126 and 303.344(d); and (9) Are provided in conformity with an IFSP adopted in accordance with section 636 of the Act and § 303.20. (b) Types of early intervention services. Subject to paragraph (d) of this section, early intervention services include the following services defined in this paragraph: (1) Assistive technology device and service are defined as follows: (i) Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an infant or toddler with a disability. The term does not include a medical device that is surgically implanted, including a cochlear implant, or t… | |||||
| 34:34:2.1.1.1.2.1.102.14 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.14 Elementary school. | ED | Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. | |||||
| 34:34:2.1.1.1.2.1.102.15 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.15 Free appropriate public education. | ED | Free appropriate public education or FAPE, as used in §§ 303.211, 303.501, and 303.521, means special education and related services that— (a) Are provided at public expense, under public supervision and direction, and without charge; (b) Meet the standards of the State educational agency (SEA), including the requirements of part B of the Act; (c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of 34 CFR 300.320 through 300.324. | |||||
| 34:34:2.1.1.1.2.1.102.16 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.16 Health services. | ED | (a) Health services mean services necessary to enable an otherwise eligible child to benefit from the other early intervention services under this part during the time that the child is eligible to receive early intervention services. (b) The term includes— (1) Such services as clean intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services; and (2) Consultation by physicians with other service providers concerning the special health care needs of infants and toddlers with disabilities that will need to be addressed in the course of providing other early intervention services. (c) The term does not include— (1) Services that are— (i) Surgical in nature (such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus); (ii) Purely medical in nature (such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose); or (iii) Related to the implementation, optimization ( e.g., mapping), maintenance, or replacement of a medical device that is surgically implanted, including a cochlear implant. (A) Nothing in this part limits the right of an infant or toddler with a disability with a surgically implanted device ( e.g., cochlear implant) to receive the early intervention services that are identified in the child's IFSP as being needed to meet the child's developmental outcomes. (B) Nothing in this part prevents the EIS provider from routinely checking that either the hearing aid or the external components of a surgically implanted device ( e.g., cochlear implant) of an infant or toddler with a disability are functioning properly; (2) Devices (such as heart monitors, respirators and oxygen, and gastrointestinal feeding tubes and pumps) necessary to control or treat a medical condition; and (3) Medical-health services (such as immunizations and regular “well-baby” care) that are routinely recommended for all children. | |||||
| 34:34:2.1.1.1.2.1.102.17 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.17 Homeless children. | ED | Homeless children means children who meet the definition given the term homeless children and youths in section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq. | |||||
| 34:34:2.1.1.1.2.1.102.18 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.18 Include; including. | ED | Include or including means that the items named are not all of the possible items that are covered, whether like or unlike the ones named. | |||||
| 34:34:2.1.1.1.2.1.102.19 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.19 Indian; Indian tribe. | ED | (a) Indian means an individual who is a member of an Indian tribe. (b) Indian tribe means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq. ). (c) Nothing in this definition is intended to indicate that the Secretary of the Interior is required to provide services or funding to a State Indian Tribe that is not listed in the Federal Register list of Indian entities recognized as eligible to receive services from the United States, published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a-1. | |||||
| 34:34:2.1.1.1.2.1.102.20 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.20 Individualized family service plan. | ED | Individualized family service plan or IFSP means a written plan for providing early intervention services to an infant or toddler with a disability under this part and the infant's or toddler's family that— (a) Is based on the evaluation and assessment described in § 303.321; (b) Includes the content specified in § 303.344; (c) Is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained (consistent with § 303.420); and (d) Is developed in accordance with the IFSP procedures in §§ 303.342, 303.343, and 303.345. | |||||
| 34:34:2.1.1.1.2.1.102.21 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.21 Infant or toddler with a disability. | ED | (a) Infant or toddler with a disability means an individual under three years of age who needs early intervention services because the individual— (1) Is experiencing a developmental delay, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: (i) Cognitive development. (ii) Physical development, including vision and hearing. (iii) Communication development. (iv) Social or emotional development. (v) Adaptive development; or (2) Has a diagnosed physical or mental condition that— (i) Has a high probability of resulting in developmental delay; and (ii) Includes conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome. (b) Infant or toddler with a disability may include, at a State's discretion, an at-risk infant or toddler (as defined in § 303.5). (c) Infant or toddler with a disability may include, at a State's discretion, a child with a disability who is eligible for services under section 619 of the Act and who previously received services under this part until the child enters, or is eligible under State law to enter, kindergarten or elementary school, as appropriate, provided that any programs under this part must include— (1) An educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children ages three and older who receive part C services pursuant to § 303.211; and (2) A written notification to parents of a child with a disability who is eligible for services under section 619 of the Act and who previously received services under this part of their rights and responsibilities in determining whether their child will continue to receive services under this part or participate in preschool progra… | |||||
| 34:34:2.1.1.1.2.1.102.22 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.22 Lead agency. | ED | Lead agency means the agency designated by the State's Governor under section 635(a)(10) of the Act and § 303.120 that receives funds under section 643 of the Act to administer the State's responsibilities under part C of the Act. | |||||
| 34:34:2.1.1.1.2.1.102.23 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.23 Local educational agency. | ED | (a) General. Local educational agency or LEA means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools. (b) Educational service agencies and other public institutions or agencies. The term includes the following: (1) Educational service agency, defined as a regional public multiservice agency— (i) Authorized by State law to develop, manage, and provide services or programs to LEAs; and (ii) Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State. (2) Any other public institution or agency having administrative control and direction of a public elementary school or secondary school, including a public charter school that is established as an LEA under State law. (3) Entities that meet the definition of intermediate educational unit or IEU in section 602(23) of the Act, as in effect prior to June 4, 1997. Under that definition an intermediate educational unit or IEU means any public authority other than an LEA that— (i) Is under the general supervision of a State educational agency; (ii) Is established by State law for the purpose of providing FAPE on a regional basis; and (iii) Provides special education and related services to children with disabilities within the State. (c) BIE-funded schools. The term includes an elementary school or secondary school funded by the Bureau of Indian Education, and not subject to the jurisdiction of any SEA other than the Bureau of Indian Education, but only to the extent that the inclusion makes the scho… | |||||
| 34:34:2.1.1.1.2.1.102.24 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.24 Multidisciplinary. | ED | Multidisciplinary means the involvement of two or more separate disciplines or professions and with respect to— (a) Evaluation of the child in §§ 303.113 and 303.321(a)(1)(i) and assessments of the child and family in § 303.321(a)(1)(ii), may include one individual who is qualified in more than one discipline or profession; and (b) The IFSP Team in § 303.340 must include the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator (consistent with § 303.343(a)(1)(iv)). | |||||
| 34:34:2.1.1.1.2.1.102.25 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.25 Native language. | ED | (a) Native language, when used with respect to an individual who is limited English proficient or LEP (as that term is defined in section 602(18) of the Act), means— (1) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (a)(2) of this section; and (2) For evaluations and assessments conducted pursuant to § 303.321(a)(5) and (a)(6), the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment. (b) Native language, when used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, means the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication). | |||||
| 34:34:2.1.1.1.2.1.102.26 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.26 Natural environments. | ED | Natural environments means settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings, and must be consistent with the provisions of § 303.126. | |||||
| 34:34:2.1.1.1.2.1.102.27 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.27 Parent. | ED | (a) Parent means— (1) A biological or adoptive parent of a child; (2) A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent; (3) A guardian generally authorized to act as the child's parent, or authorized to make early intervention, educational, health or developmental decisions for the child (but not the State if the child is a ward of the State); (4) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or (5) A surrogate parent who has been appointed in accordance with § 303.422 or section 639(a)(5) of the Act. (b)(1) Except as provided in paragraph (b)(2) of this section, the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under paragraph (a) of this section to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational or early intervention service decisions for the child. (2) If a judicial decree or order identifies a specific person or persons under paragraphs (a)(1) through (a)(4) of this section to act as the “parent” of a child or to make educational or early intervention service decisions on behalf of a child, then the person or persons must be determined to be the “parent” for purposes of part C of the Act, except that if an EIS provider or a public agency provides any services to a child or any family member of that child, that EIS provider or public agency may not act as the parent for that child. | |||||
| 34:34:2.1.1.1.2.1.102.28 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.28 Parent training and information center. | ED | Parent training and information center means a center assisted under section 671 or 672 of the Act. | |||||
| 34:34:2.1.1.1.2.1.102.29 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.29 Personally identifiable information. | ED | Personally identifiable information means personally identifiable information as defined in 34 CFR 99.3, as amended, except that the term “student” in the definition of personally identifiable information in 34 CFR 99.3 means “child” as used in this part and any reference to “school” means “EIS provider” as used in this part. | |||||
| 34:34:2.1.1.1.2.1.102.30 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.30 Public agency. | ED | As used in this part, public agency means the lead agency and any other agency or political subdivision of the State. | |||||
| 34:34:2.1.1.1.2.1.102.31 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.31 Qualified personnel. | ED | Qualified personnel means personnel who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early intervention services. | |||||
| 34:34:2.1.1.1.2.1.102.32 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.32 [Reserved] | ED | ||||||
| 34:34:2.1.1.1.2.1.102.33 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.33 Secretary. | ED | Secretary means the Secretary of Education. | |||||
| 34:34:2.1.1.1.2.1.102.34 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.34 Service coordination services (case management). | ED | (a) General. (1) As used in this part, service coordination services mean services provided by a service coordinator to assist and enable an infant or toddler with a disability and the child's family to receive the services and rights, including procedural safeguards, required under this part. (2) Each infant or toddler with a disability and the child's family must be provided with one service coordinator who is responsible for— (i) Coordinating all services required under this part across agency lines; and (ii) Serving as the single point of contact for carrying out the activities described in paragraphs (a)(3) and (b) of this section. (3) Service coordination is an active, ongoing process that involves— (i) Assisting parents of infants and toddlers with disabilities in gaining access to, and coordinating the provision of, the early intervention services required under this part; and (ii) Coordinating the other services identified in the IFSP under § 303.344(e) that are needed by, or are being provided to, the infant or toddler with a disability and that child's family. (b) Specific service coordination services. Service coordination services include— (1) Assisting parents of infants and toddlers with disabilities in obtaining access to needed early intervention services and other services identified in the IFSP, including making referrals to providers for needed services and scheduling appointments for infants and toddlers with disabilities and their families; (2) Coordinating the provision of early intervention services and other services (such as educational, social, and medical services that are not provided for diagnostic or evaluative purposes) that the child needs or is being provided; (3) Coordinating evaluations and assessments; (4) Facilitating and participating in the development, review, and evaluation of IFSPs; (5) Conducting referral and other activities to assist families in identifying available EIS providers; (6) Coordinating, facilitating, and monitoring the delivery of servi… | |||||
| 34:34:2.1.1.1.2.1.102.35 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.35 State. | ED | Except as provided in § 303.732(d)(3) (regarding State allotments under this part), State means each of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the four outlying areas and jurisdictions of Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. | |||||
| 34:34:2.1.1.1.2.1.102.36 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.36 State educational agency. | ED | (a) State educational agency or SEA means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (b) The term includes the agency that receives funds under sections 611 and 619 of the Act to administer the State's responsibilities under part B of the Act. | |||||
| 34:34:2.1.1.1.2.1.102.37 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.37 Ward of the State. | ED | (a) General. Subject to paragraph (b) of this section, ward of the State means a child who, as determined by the State where the child resides, is— (1) A foster child; (2) A ward of the State; or (3) In the custody of a public child welfare agency. (b) Exception. Ward of the State does not include a foster child who has a foster parent who meets the definition of a parent in § 303.27. | |||||
| 34:34:2.1.1.1.2.1.102.4 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.4 Act. | ED | Act means the Individuals with Disabilities Education Act, as amended. | |||||
| 34:34:2.1.1.1.2.1.102.5 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.5 At-risk infant or toddler. | ED | At-risk infant or toddler means an individual under three years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual. At the State's discretion, at-risk infant or toddler may include an infant or toddler who is at risk of experiencing developmental delays because of biological or environmental factors that can be identified (including low birth weight, respiratory distress as a newborn, lack of oxygen, brain hemorrhage, infection, nutritional deprivation, a history of abuse or neglect, and being directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure). | |||||
| 34:34:2.1.1.1.2.1.102.6 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.6 Child. | ED | Child means an individual under the age of six and may include an infant or toddler with a disability, as that term is defined in § 303.21. | |||||
| 34:34:2.1.1.1.2.1.102.7 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.7 Consent. | ED | Consent means that— (a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language, as defined in § 303.25; (b) The parent understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released; and (c)(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. (2) If a parent revokes consent, that revocation is not retroactive ( i.e., it does not apply to an action that occurred before the consent was revoked). | |||||
| 34:34:2.1.1.1.2.1.102.8 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.8 Council. | ED | Council means the State Interagency Coordinating Council that meets the requirements of subpart G of this part. | |||||
| 34:34:2.1.1.1.2.1.102.9 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.9 Day. | ED | Day means calendar day, unless otherwise indicated. | |||||
| 34:34:2.1.1.1.2.2.103.1 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.100 General authority. | ED | The Secretary, in accordance with part C of the Act, makes grants to States (from their allotments under section 643 of the Act) to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families. | |||||
| 34:34:2.1.1.1.2.2.103.2 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.101 State eligibility—requirements for a grant under this part. | ED | In order to be eligible for a grant under part C of the Act for any fiscal year, a State must meet the following conditions: (a) Assurances regarding early intervention services and a statewide system. The State must provide assurances to the Secretary that— (1) The State has adopted a policy that appropriate early intervention services, as defined in § 303.13, are available to all infants and toddlers with disabilities in the State and their families, including— (i) Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State; (ii) Infants and toddlers with disabilities who are homeless children and their families; and (iii) Infants and toddlers with disabilities who are wards of the State; and (2) The State has in effect a statewide system of early intervention services that meets the requirements of section 635 of the Act, including policies and procedures that address, at a minimum, the components required in §§ 303.111 through 303.126. (b) State application and assurances. The State must provide information and assurances to the Secretary, in accordance with subpart C of this part, including— (1) Information that shows that the State meets the State application requirements in §§ 303.200 through 303.212; and (2) Assurances that the State also meets the requirements in §§ 303.221 through 303.227. (c) Approval before implementation. The State must obtain approval by the Secretary before implementing any policy or procedure required to be submitted as part of the State's application in §§ 303.203, 303.204, 303.206, 303.207, 303.208, 303.209, and 303.211. | |||||
| 34:34:2.1.1.1.2.2.104.3 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.102 State conformity with Part C of the Act. | ED | Each State that receives funds under part C of the Act must ensure that any State rules, regulations, and policies relating to this part conform to the purposes and requirements of this part. | |||||
| 34:34:2.1.1.1.2.2.104.4 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.103 Abrogation of State sovereign immunity. | ED | (a) General. A State is not immune under the 11th amendment of the Constitution of the United States from suit in Federal court for a violation of part C of the Act. (b) Remedies. In a suit against a State for a violation of part C of the Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as those remedies are available for such a violation in a suit against any public entity other than a State. (c) Effective date. Paragraphs (a) and (b) of this section apply with respect to violations that occur in whole or part after October 30, 1990, the date of enactment of the Education of the Handicapped Act Amendments of 1990. | |||||
| 34:34:2.1.1.1.2.2.105.5 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.104 Acquisition of equipment and construction or alteration of facilities. | ED | (a) General. If the Secretary determines that a program authorized under part C of the Act will be improved by permitting program funds to be used to acquire appropriate equipment or to construct new facilities or alter existing facilities, the Secretary may allow the use of those funds for those purposes. (b) Compliance with certain regulations. Any construction of new facilities or alteration of existing facilities under paragraph (a) of this section must comply with the requirements of— (1) Appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities”); or (2) Appendix A of subpart 101-19.6 of title 41, Code of Federal Regulations (commonly known as the “Uniform Federal Accessibility Standards”). | |||||
| 34:34:2.1.1.1.2.2.106.6 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.105 Positive efforts to employ and advance qualified individuals with disabilities. | ED | Each recipient of assistance under part C of the Act must make positive efforts to employ and advance in employment, qualified individuals with disabilities in programs assisted under part C of the Act. | |||||
| 34:34:2.1.1.1.2.2.107.10 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.113 Evaluation, assessment, and nondiscriminatory procedures. | ED | (a) Subject to paragraph (b) of this section, each system must ensure the performance of— (1) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State; and (2) A family-directed identification of the needs of the family of the infant or toddler to assist appropriately in the development of the infant or toddler. (b) The evaluation and family-directed identification required in paragraph (a) of this section must meet the requirements of § 303.321. | |||||
| 34:34:2.1.1.1.2.2.107.11 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.114 Individualized family service plan (IFSP). | ED | Each system must ensure, for each infant or toddler with a disability and his or her family in the State, that an IFSP, as defined in § 303.20, is developed and implemented that meets the requirements of §§ 303.340 through 303.345, and that includes service coordination services, as defined in § 303.34. | |||||
| 34:34:2.1.1.1.2.2.107.12 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.115 Comprehensive child find system. | ED | Each system must include a comprehensive child find system that meets the requirements in §§ 303.302 and 303.303. | |||||
| 34:34:2.1.1.1.2.2.107.13 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.116 Public awareness program. | ED | Each system must include a public awareness program that— (a) Focuses on the early identification of infants and toddlers with disabilities; and (b) Provides information to parents of infants and toddlers through primary referral sources in accordance with § 303.301. | |||||
| 34:34:2.1.1.1.2.2.107.14 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.117 Central directory. | ED | Each system must include a central directory that is accessible to the general public ( i.e., through the lead agency's Web site and other appropriate means) and includes accurate, up-to-date information about— (a) Public and private early intervention services, resources, and experts available in the State; (b) Professional and other groups (including parent support, and training and information centers, such as those funded under the Act) that provide assistance to infants and toddlers with disabilities eligible under part C of the Act and their families; and (c) Research and demonstration projects being conducted in the State relating to infants and toddlers with disabilities. | |||||
| 34:34:2.1.1.1.2.2.107.15 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.118 Comprehensive system of personnel development (CSPD). | ED | Each system must include a comprehensive system of personnel development, including the training of paraprofessionals and the training of primary referral sources with respect to the basic components of early intervention services available in the State. A comprehensive system of personnel development— (a) Must include— (1) Training personnel to implement innovative strategies and activities for the recruitment and retention of EIS providers; (2) Promoting the preparation of EIS providers who are fully and appropriately qualified to provide early intervention services under this part; and (3) Training personnel to coordinate transition services for infants and toddlers with disabilities who are transitioning from an early intervention service program under part C of the Act to a preschool program under section 619 of the Act, Head Start, Early Head Start, an elementary school program under part B of the Act, or another appropriate program. (b) May include— (1) Training personnel to work in rural and inner-city areas; (2) Training personnel in the emotional and social development of young children; and (3) Training personnel to support families in participating fully in the development and implementation of the child's IFSP; and (4) Training personnel who provide services under this part using standards that are consistent with early learning personnel development standards funded under the State Advisory Council on Early Childhood Education and Care established under the Head Start Act, if applicable. | |||||
| 34:34:2.1.1.1.2.2.107.16 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.119 Personnel standards. | ED | (a) General. Each system must include policies and procedures relating to the establishment and maintenance of qualification standards to ensure that personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained. (b) Qualification standards. The policies and procedures required in paragraph (a) of this section must provide for the establishment and maintenance of qualification standards that are consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the profession, discipline, or area in which personnel are providing early intervention services. (c) Use of paraprofessionals and assistants. Nothing in part C of the Act may be construed to prohibit the use of paraprofessionals and assistants who are appropriately trained and supervised in accordance with State law, regulation, or written policy to assist in the provision of early intervention services under part C of the Act to infants and toddlers with disabilities. (d) Policy to address shortage of personnel. A State may adopt a policy that includes making ongoing good-faith efforts to recruit and hire appropriately and adequately trained personnel to provide early intervention services to infants and toddlers with disabilities, including, in a geographic area of the State where there is a shortage of such personnel, the most qualified individuals available who are making satisfactory progress toward completing applicable course work necessary to meet the standards described in paragraphs (a) and (b) of this section. | |||||
| 34:34:2.1.1.1.2.2.107.17 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.120 Lead agency role in supervision, monitoring, funding, interagency coordination, and other responsibilities. | ED | Each system must include a single line of responsibility in a lead agency designated or established by the Governor that is responsible for the following: (a)(1) The general administration and supervision of programs and activities administered by agencies, institutions, organizations, and EIS providers receiving assistance under part C of the Act. (2) The monitoring of programs and activities used by the State to carry out part C of the Act (whether or not the programs or activities are administered by agencies, institutions, organizations, and EIS providers that are receiving assistance under part C of the Act), to ensure that the State complies with part C of the Act, including— (i) Monitoring agencies, institutions, organizations, and EIS providers used by the State to carry out part C of the Act; (ii) Enforcing any obligations imposed on those agencies, institutions, organizations, and EIS providers under part C of the Act and these regulations; (iii) Providing technical assistance, if necessary, to those agencies, institutions, organizations, and EIS providers; (iv) Correcting any noncompliance identified through monitoring as soon as possible and in no case later than one year after the lead agency's identification of the noncompliance; and (v) Conducting the activities in paragraphs (a)(2)(i) through (a)(2)(iv) of this section, consistent with §§ 303.700 through 303.707, and any other activities required by the State under those sections. (b) The identification and coordination of all available resources for early intervention services within the State, including those from Federal, State, local, and private sources, consistent with subpart F of this part. (c) The assignment of financial responsibility in accordance with subpart F of this part. (d) The development of procedures in accordance with subpart F of this part to ensure that early intervention services are provided to infants and toddlers with disabilities and their families under part C of the Act in a timely manner, pending the resolu… | |||||
| 34:34:2.1.1.1.2.2.107.18 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.121 Policy for contracting or otherwise arranging for services. | ED | [76 FR 60244, Sept. 28, 2011, as amended at 79 FR 76097, Dec. 19, 2014] | Each system must include a policy pertaining to the contracting or making of other arrangements with public or private individuals or agency service providers to provide early intervention services in the State, consistent with the provisions of part C of the Act, including the contents of the application, and the conditions of the contract or other arrangements. The policy must— (a) Include a requirement that all early intervention services must meet State standards and be consistent with the provisions of this part; and (b) Be consistent with 2 CFR part 200, as adopted at 2 CFR part 3474. | ||||
| 34:34:2.1.1.1.2.2.107.19 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.122 Reimbursement procedures. | ED | Each system must include procedures for securing the timely reimbursement of funds used under part C of the Act, in accordance with subpart F of this part. | |||||
| 34:34:2.1.1.1.2.2.107.20 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.123 Procedural safeguards. | ED | Each system must include procedural safeguards that meet the requirements of subpart E of this part. | |||||
| 34:34:2.1.1.1.2.2.107.21 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.124 Data collection. | ED | (a) Each statewide system must include a system for compiling and reporting timely and accurate data that meets the requirements in paragraph (b) of this section and §§ 303.700 through 303.702 and 303.720 through 303.724. (b) The data system required in paragraph (a) of this section must include a description of the process that the State uses, or will use, to compile data on infants or toddlers with disabilities receiving early intervention services under this part, including a description of the State's sampling methods, if sampling is used, for reporting the data required by the Secretary under sections 616 and 618 of the Act and §§ 303.700 through 303.707 and 303.720 through 303.724. | |||||
| 34:34:2.1.1.1.2.2.107.22 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.125 State interagency coordinating council. | ED | Each system must include a State Interagency Coordinating Council (Council) that meets the requirements of subpart G of this part. | |||||
| 34:34:2.1.1.1.2.2.107.23 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.126 Early intervention services in natural environments. | ED | Each system must include policies and procedures to ensure, consistent with §§ 303.13(a)(8) (early intervention services), 303.26 (natural environments), and 303.344(d)(1)(ii) (content of an IFSP), that early intervention services for infants and toddlers with disabilities are provided— (a) To the maximum extent appropriate, in natural environments; and (b) In settings other than the natural environment that are most appropriate, as determined by the parent and the IFSP Team, only when early intervention services cannot be achieved satisfactorily in a natural environment. | |||||
| 34:34:2.1.1.1.2.2.107.7 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.110 Minimum components of a statewide system. | ED | Each statewide system (system) must include, at a minimum, the components described in §§ 303.111 through 303.126. | |||||
| 34:34:2.1.1.1.2.2.107.8 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.111 State definition of developmental delay. | ED | Each system must include the State's rigorous definition of developmental delay, consistent with §§ 303.10 and 303.203(c), that will be used by the State in carrying out programs under part C of the Act in order to appropriately identify infants and toddlers with disabilities who are in need of services under part C of the Act. The definition must— (a) Describe, for each of the areas listed in § 303.21(a)(1), the evaluation and assessment procedures, consistent with § 303.321, that will be used to measure a child's development; and (b) Specify the level of developmental delay in functioning or other comparable criteria that constitute a developmental delay in one or more of the developmental areas identified in § 303.21(a)(1). | |||||
| 34:34:2.1.1.1.2.2.107.9 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.112 Availability of early intervention services. | ED | Each system must include a State policy that is in effect and that ensures that appropriate early intervention services are based on scientifically based research, to the extent practicable, and are available to all infants and toddlers with disabilities and their families, including— (a) Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State; and (b) Infants and toddlers with disabilities who are homeless children and their families. | |||||
| 34:34:2.1.1.1.2.3.108.1 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.200 State application and assurances. | ED | Each application must contain— (a) The specific State application requirements (including certifications, descriptions, methods, and policies and procedures) required in §§ 303.201 through 303.212; and (b) The assurances required in §§ 303.221 through 303.227. |
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