PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2459 review of the issues and take into account all relevant evidence. In rendering its final decision, the Board shall incorporate by reference any findings of the Quality Control Review Panel that were made in connection with the determination of the error rate and the amount of the disallowance, and such findings shall not be reviewable by the Board, " (k) JUDICIAL REVIEW OP DISALLOWANCES. — "(1) IN GENERAL.— Within 90 days after the date of a final decision by the Departmental Appeals Board with respect to the imposition of a disallowance on a State under this section, the State may obtain judicial review of the final decision (and the findings of the Quality Control Review Panel incorporated into the final decision) by filing an action in— "(A) the district court of the United States for the judicial district in which the principal or headquarters office of the - State agency is located; or "(B) the United States District Court for the District of Columbia. "(2) PROCEDURAL RULES.— The district court in which an action is filed shall review the final decision of the Board on the record established in the administrative proceeding, in accord- ance with the standards of review prescribed by subparagraphs (A) through (E) of section 706(2) of title 5, United States Code. The review shall be on the basis of the documents and support- ing data submitted to the Board (or to the Quality (Dontrol Review Panel, in the case of any finding by the Panel which is at issue in the appeal). "(1) REFUND OF DISALLOWANCES IMPOSED IN ERROR. —If the Sec- retary, directly or indirectly, receives from a State part or all of the amount of a disallowance imposed on the State under this section, and part or all of the disallowance is finally determined to have been imposed in error, the Secretary shall refund to the State the amount received by reason of the error, with interest which shall accrue from the date of receipt at the rate described in subsection (i)(3)(A). "(m) DEFINITIONS.—As used in this section: "(1) NATIONAL AVERAGE ERROR RATE.— The term 'national average error rate' for a fiscal year means the greater of— "(A) the ratio of— "(i) the total amount of erroneous payments made by all States for the fiscal year; to "(ii) the total amount of aid paid by all the States for the fiscal year under plans approved under this part; or "(B) 4 percent. "(2) UNDERPAYMENT RATE. —The term 'underpayment rate', with respect to a State for a fiscal year, means the ratio of— "(A) the total amounts of aid that should have been but were erroneously not paid for a fiscal year to recipients of. aid under the State plan approved under this part; to "(B) the total amount of aid paid under such plan for the fiscal year. "(3) NATIONAL AVERAGE UNDERPAYMENT RATE. — The term 'na- tional average underpayment rate' for a fiscal year means the ratio of— "(A) the total amounts of aid that should have been but were erroneously not paid for a fiscal year to all recipients of aid under State plans approved under this part; to
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