[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: 45CFR286.240]

[Page 200-201]
 
                        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. 286.240  How can a Tribe appeal our decision to take a penalty?

    (a) We will formally notify the Tribe of a potential reduction to 
the Tribe's TFAG within five days after we determine that a Tribe is 
subject to a penalty and inform the Tribe of its right to appeal to the 
Departmental Appeals Board (the Board) established in the Department of 
Health and Human Services. Such notification will include the factual 
and legal basis for taking the penalty in sufficient detail for the 
Tribe to be able to respond in an appeal.
    (b) Within 60 days of the date it receives notice of the penalty, 
the Tribe may file an appeal of the action, in whole or in part, to the 
Board.
    (c) The Tribe must include all briefs and supporting documentation 
when it files its appeal. A copy of the appeal and any supplemental 
filings must be sent to the Office of General Counsel, Children, 
Families and Aging Division, Room 411-D, 200 Independence Avenue, SW, 
Washington, DC 20201.
    (d) ACF must file its reply brief and supporting documentation 
within 45 days after receipt of the Tribe's submission under paragraph 
(c) of this section.
    (e) The Tribe's appeal to the Board must follow the provisions of 
this section and those at Sec.Sec. 16.2, 16.9, 16.10, and 16.13 through 
16.22 of this title to the extent they are consistent with this section.
    (f) The Board will consider an appeal filed by a Tribe on the basis 
of the documentation and briefs submitted, along with any additional 
information the Board may require to support a final

[[Page 201]]

decision. Such information may include a hearing if the Board determines 
that it is necessary. In deciding whether to uphold an adverse action or 
any portion of such action, the Board will conduct a thorough review of 
the issues.
    (g) The filing date shall be the date materials are received by the 
Board in a form acceptable to it.
    (h) A Tribe may obtain judicial review of a final decision by the 
Board by filing an action within 90 days after the date of such decision 
with the district court of the United States in the judicial district 
where the Tribe or TFAG service area is located.
    (1) The district court will review the final decision of the Board 
on the record established in the administrative proceeding, in 
accordance with the standards of review prescribed by 5 U.S.C. 706(2). 
The court's review will be based on the documents and supporting data 
submitted to the Board.
    (2) [Reserved]
    (i) No reduction to the Tribe's TFAG will occur until a final 
disposition of the matter has been made.