[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR260.75]

[Page 128-129]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER II--OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), 
 
PART 260_GENERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PROVISIONS
--Table of Contents
 
 Subpart C_What Special Provisions Apply to States that Were Operating 
                    Programs Under Approved Waivers?
 
Sec. 260.75  If a State is claiming a waiver inconsistency for work 
requirements or time limits, what must the Governor certify?

    (a) The Governor of the State must certify in writing to the 
Secretary that:
    (1) The applicable policies have been continually applied in 
operating the TANF program, as described in Sec. 260.72(c);
    (2) The inconsistencies claimed by the State are within the scope of 
the approved waivers, as described in Sec. 260.72(b);
    (b) The certification must identify the specific inconsistencies 
that the State chooses to continue with respect to work and time limits.
    (1) If the waiver inconsistency claim includes work provisions, the 
certification must specify the standards that will apply, in lieu of the 
provisions in subparts B and C of part 261 of this chapter, to 
determine:
    (i) The number of two-parent and all-parent cases that are exempt 
from participation, if any, for the purpose of determining the 
denominator of the work participation rate;
    (ii) The number of nonexempt two-parent and all-parent cases that 
are participating in work activities for the purpose of determining the 
numerator of the work participation rate, including standards applicable 
to;
    (A) Countable work activities; and
    (B) Required hours of work for participation for individual 
participants; and
    (iii) The penalty against an individual or family when an individual 
refuses to work.
    (2) If the waiver inconsistency claim includes time-limit 
provisions, the certification must include the standards that will 
apply, in lieu of the provisions in Sec. 264.1 of this chapter, in 
determining:
    (i) Which families are counted toward the Federal time limit; and

[[Page 129]]

    (ii) Whether a family is eligible for an extension of its time limit 
on federally funded assistance.
    (3) If the State is continuing policies for evaluation purposes in 
accordance with Sec. 260.76:
    (i) The certification must specify any special work or time-limit 
standards that apply to the control group and experimental group cases; 
and
    (ii) The State may choose to exclude cases assigned to the 
experimental and control groups, which are not otherwise exempt, for the 
purpose of calculating the work participation rate or determining State 
compliance related to limiting assistance to families including adults 
who have received 60 months of Federal TANF assistance. In doing so, the 
State may effectively exclude all experimental group cases and/or 
control group cases, not otherwise exempt, but may not exclude 
individual cases on a selective basis.
    (c) The certification may include a claim of inconsistency with 
respect to hours of required participation in work activities only if 
the State has written evidence that, when implemented, the waiver 
policies established specific requirements related to hours of work for 
nonexempt individuals.
    (d)(1) The Governor's certification must be provided no later than 
October 1, 1999.
    (2) If a State modifies its waiver policies in a way that has a 
substantive effect on the determination of its work sanctions, or the 
calculation of its work participation rates or its time-limit 
exceptions, it must submit an amended certification no later than the 
end of the fiscal quarter in which the modifications take effect.