Office of the Governor, Territory of Guam v. Department of Health and Human Services, Administration on Development Disability
Opinion
Opinion
Noonan, J.
The Governor of Guam (the Governor) appeals the decision of the Secretary of Health and Human Services (the Secretary) disapproving the Governor’s change in designation of an agency in Guam to protect and advocate the rights of persons with developmental disabilities under 42 U.S.C. § 6042 . We dismiss the appeal for lack of jurisdiction in this court.
PROCEEDINGS
Under 42 U.S.C. § 6042 a state or territory may receive federal grants for persons with developmental disabilities, provided that it has in effect a system to protect and advocate these persons’ rights. Under this statute Guam, like a state, “must provide assurances satisfactory to- the Secretary that the agency implementing the system will not be redesignated unless there is good cause for the redesignation” and unless there has been notice given of the intention to redesignate, notice and opportunity for public comment, and “the system has the opportunity to appeal to the Secretary that the redesig-nation was not for good cause.” 42 U.S.C. § 6042 (a)(5).
Guam designated the Marianas Association for Retarded Citizens (MARC) to be the agency serving as the advocacy system. On July 30, 1991, the Governor of Guam…