If the Assistant Secretary for Aging intends to disapprove a State plan or State plan amendment, the Assistant Secretary for Aging shall first afford the State agency notice and an opportunity for a hearing. Administrative reviews of State plan disapprovals, as provided for in sections 307(c) and 307(d) of the Act (42 U.S.C. 3027(c)-(d) ) are performed by the Department Appeals Board in accordance with the procedures set forth in 45 CFR part 16 . The DAB may refer an appeal to its Alternative Dispute Resolution Division for mediation prior to making a decision.
45 C.F.R. §1321.39