[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: 45CFR286.220]

[Page 198-199]
 
                        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. 286.220  What happens if a Tribe fails to meet TANF requirements?

    (a) If we determine that a Tribe is subject to a penalty, we will 
notify the Tribe in writing. This notice will:
    (1) Specify what penalty provision(s) are in issue;
    (2) Specify the amount of the penalty;
    (3) Specify the reason for our determination;
    (4) Explain how and when the Tribe may submit a reasonable cause 
justification under Sec. 286.225 and/or a corrective compliance plan 
under Sec. 286.230(d) for those penalties for which reasonable cause 
and/or corrective compliance plan apply; and
    (5) Invite the Tribe to present its arguments if it believes that 
the data or method we used were in error or were insufficient, or that 
the Tribe's actions, in the absence of Federal regulations, were based 
on a reasonable interpretation of the statute.
    (b) Within 60 days of receipt of our written notification, the Tribe 
may submit a written response to us that:
    (1) Demonstrates that our determination is incorrect because our 
data or

[[Page 199]]

the method we used in determining the penalty was in error or was 
insufficient, or that the Tribe acted prior to June 19, 2000, on a 
reasonable interpretation of the statute;
    (2) Demonstrates that the Tribe had reasonable cause for failing to 
meet the requirement(s); and/or
    (3) Provides a corrective compliance plan as discussed in Sec. 
286.230.
    (c) If we find that the Tribe was correct and that a penalty was 
improperly determined, or find that a Tribe had reasonable cause for 
failing to meet a requirement, we will not impose the related penalty 
and so notify the Tribe in writing within two weeks of such a 
determination.
    (d) If we determine that the Tribe has not demonstrated that our 
original determination was incorrect or that it had reasonable cause, we 
will notify the Tribe of our decision in writing.
    (e) If we request additional information from a Tribe, it must 
provide the information within thirty days of the date of our request.