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The first step in the certification process is a request for
certification, filed by a submitting official (Sec. 36.603). The
Department will not accept requests for certification until after
January 26, 1992, the effective date of this part. The Department
received numerous comments from individuals and organizations
representing a variety of interests, urging that the hearing required to
be held by the Assistant Attorney General in Washington, DC, after a
preliminary determination of equivalency (Sec. 36.605(a)(2)), be held
within the State or locality requesting certification, in order to
facilitate greater participation by all interested parties. While the
Department has not modified the requirement that it hold a hearing in
Washington, it has added a new subparagraph 36.603(b)(3) requiring a
hearing within the State or locality before a request for certification
is filed. The hearing must be held after adequate notice to the public
and must be on the record; a transcript must be provided with the
request for certification. This procedure will insure input from the
public at the State or local level and will also insure a Washington,
DC, hearing as mentioned in the legislative history.
(Just notes)
