[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: 45CFR286.230]

[Page 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. 286.230  What if a Tribe does not have reasonable cause for failing to 
meet a requirement?

    (a) To avoid the imposition of a penalty under Sec. 286.195(a)(1), 
Sec. 286.195(a)(2), or Sec. 286.195(a)(3), under the following 
circumstances a Tribe must enter into a corrective compliance plan to 
correct the violation:
    (1) If a Tribe does not claim reasonable cause for failing to meet a 
requirement; or
    (2) If we found that a Tribe did not have reasonable cause.
    (b) A Tribe that does not claim reasonable cause will have 60 days 
from receipt of the notice described in Sec. 286.220(a) to submit its 
corrective compliance plan to us.
    (c) A Tribe that does not demonstrate reasonable cause will have 60 
days from receipt of the second notice described in Sec. 286.220(d) to 
submit its corrective compliance plan to us.
    (d) In its corrective compliance plan the Tribe must outline:
    (1) Why it failed to meet the requirements;
    (2) How it will correct the violation in a timely manner; and
    (3) What actions, outcomes and time line it will use to ensure 
future compliance.
    (e) During the 60-day period beginning with the date we receive the 
corrective compliance plan, we may, if necessary, consult with the Tribe 
on modifications to the plan.
    (f) A corrective compliance plan is deemed to be accepted if we take 
no action to accept or reject the plan during the 60-day period that 
begins when the plan is received.
    (g) Once a corrective compliance plan is accepted or deemed 
accepted, we may request reports from the Tribe or take other actions to 
confirm that the Tribe is carrying out the corrective actions specified 
in the plan.
    (1) We will not impose a penalty against a Tribe with respect to any 
violation covered by that plan if the Tribe corrects the violation 
within the time frame agreed to in the plan.
    (2) We must assess some or all of the penalty if the Tribe fails to 
correct the violation pursuant to its corrective compliance plan.