[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR286.170]

[Page 195]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER II--OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), 
ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 286--TRIBAL TANF PROVISIONS--Table of Contents
 
           Subpart C--Tribal TANF Plan Content and Processing
 
Sec. 286.170  How may a Tribe petition for administrative review of 
disapproval of a TFAP or amendment?

    (a) If, after a Tribe has been provided the opportunity to make 
revisions to its TFAP or amendment, the Secretary determines that the 
TFAP or amendment cannot be approved, a written Notice of Disapproval 
will be sent to the Tribe. The Notice of Disapproval will indicate the 
specific grounds for disapproval.
    (b) A Tribe may request reconsideration of a disapproval 
determination by filing a written Request for Reconsideration to the 
Secretary within 60 days of receipt of the Notice of Disapproval. If 
reconsideration is not requested, the disapproval is final and the 
procedures under paragraph (f) of this section must be followed.
    (1) The Request for Reconsideration must include--
    (i) All documentation that the Tribe believes is relevant and 
supportive of its TFAP or amendment; and
    (ii) A written response to each ground for disapproval identified in 
the Notice of Disapproval indicating why the Tribe believes that its 
TFAP or amendment conforms to the statutory and regulatory requirements 
for approval.
    (c) Within 30 days after receipt of a Request for Reconsideration, 
the Secretary or designee will notify the Tribe of the date and time a 
hearing for the purpose of reconsideration of the Notice of Disapproval 
will be held. Such a hearing may be conducted by telephone conference 
call.
    (d) A hearing conducted under Sec. 286.170(c) must be held not less 
than 30 days nor more than 60 days after the date of the notice of such 
hearing is furnished to the Tribe, unless the Tribe agrees in writing to 
an extension.
    (e) The Secretary or designee will make a written determination 
affirming, modifying, or reversing disapproval of the TFAP or amendment 
within 60 days after the conclusion of the hearing.
    (f) If a TFAP or amendment is disapproved, the Tribe may appeal this 
final written decision to the Departmental Appeals Board (the Board) 
within 30 days after such party receives notice of determination. The 
party's appeal to the Board should follow the provisions of the rules 
under this section and those at 45 CFR part 16, where applicable.