[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: 45CFR286.215]

[Page 198]
 
                        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 D--Accountability and Penalties
 
Sec. 286.215  When are the TANF penalty provisions applicable?

    (a) A Tribe may be subject to penalties, as described in Sec. 
286.195(a)(1), Sec. 286.195(a)(2) and Sec. 286.195(a)(4), for conduct 
occurring on and after the first day of implementation of the Tribe's 
TANF program.
    (b) A Tribe may be subject to penalties, as described in Sec. 
286.195(a)(3), for conduct occurring on and after the date that is six 
months after the Tribe begins operating the TANF program.
    (c) We will not apply the regulations retroactively. We will judge 
Tribal actions that occurred prior to the effective date of these rules 
and expenditures of funds received prior to the effective date only 
against a reasonable interpretation of the statutory provisions in title 
IV-A of the Act.
    (1) To the extent that a Tribe's failure to meet the requirements of 
the penalty provisions is attributable to the absence of Federal rules 
or guidance, Tribes may qualify for reasonable cause, as discussed in 
Sec. 286.225.
    (2) [Reserved]