[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: 45CFR286.225]

[Page 199-200]
 
                        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. 286.225  How may a Tribe establish reasonable cause for failing to meet 
a requirement that is subject to application of a penalty?

    (a) We will not impose a penalty against a Tribe if it is determined 
that the Tribe had reasonable cause for failure to meet the requirements 
listed at Sec. 286.195(a)(1), Sec. 286.195(a)(2), or Sec. 286.195(a)(3). 
The general factors a Tribe may use to claim reasonable cause include, 
but are not limited to, the following:
    (1) Natural disasters, extreme weather conditions, and other 
calamities (e.g., hurricanes, earthquakes, fire, and economic disasters) 
whose disruptive impact was so significant that the Tribe failed to meet 
a requirement.
    (2) Formally issued Federal guidance which provided incorrect 
information resulting in the Tribe's failure or prior to the effective 
date of these regulations, guidance that was issued after a Tribe 
implemented the requirements of the Act based on a different, but 
reasonable, interpretation of the Act.
    (3) Isolated, non-recurring problems of minimal impact that are not 
indicative of a systemic problem.
    (4) Significant increases in the unemployment rate in the TFAG 
service area and changes in the TFAG caseload size during the fiscal 
year being reported.
    (b) We will grant reasonable cause to a Tribe that:
    (1) Clearly demonstrates that its failure to submit complete, 
accurate, and timely data, as required at Sec. 286.245, for one or both 
of the first two quarters of FY 2000, is attributable, in significant 
part, to its need to divert critical system resources to Year 2000 
compliance activities; and
    (2) Submits complete and accurate data for the first two quarters of 
FY 2000 by November 15, 2000.
    (c) In addition to the reasonable cause criteria specified above, a 
Tribe may also submit a request for a reasonable cause exemption from 
the requirement to meet its work participation requirements in the 
following situation:
    (1) We will consider that a Tribe has reasonable cause if it 
demonstrates that its failure to meet its work participation rate(s) is 
attributable to its provisions with regard to domestic violence as 
follows:
    (i) To demonstrate reasonable cause, a Tribe must provide evidence 
that it achieved the applicable work rates, except with respect to any 
individuals receiving good cause waivers of work requirements (i.e., 
when cases with good cause waivers are removed from the calculation in 
Sec. 286.85); and
    (ii) A Tribe must grant good cause waivers in domestic violence 
cases appropriately, in accordance with the policies in the Tribe's 
approved Tribal Family Assistance Plan.
    (2) [Reserved]
    (d) In determining reasonable cause, we will consider the efforts 
the Tribe made to meet the requirements, as well as the duration and 
severity of the circumstances that led to the Tribe's failure to achieve 
the requirement.
    (e) The burden of proof rests with the Tribe to fully explain the 
circumstances and events that constitute reasonable cause for its 
failure to meet a requirement.
    (1) The Tribe must provide us with sufficient relevant information 
and documentation to substantiate its claim of reasonable cause.

[[Page 200]]

    (2) [Reserved]