[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: 45CFR309.35]

[Page 305]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 309_TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM--Table of Contents
 
          Subpart B_Tribal IV-D Program Application Procedures
 
Sec. 309.35  What are the procedures for review of a Tribal IV-D program 
application, plan or plan amendment?

    (a) The Secretary will promptly review a Tribal IV-D program 
application, plan or plan amendment to determine whether it conforms to 
the requirements of the Act and these regulations. Not later than the 
90th day following the date on which the Tribal IV-D application, plan 
or plan amendment is received by the Secretary, action will be taken 
unless additional information is needed. If additional information is 
needed from the Tribe or Tribal organization, the Secretary will 
promptly notify the Tribe or Tribal organization.
    (b) The Secretary will take action on the application, plan or plan 
amendment within 45 days of receipt of any additional information 
requested from the Tribe or Tribal organization.
    (c) Determinations as to whether the Tribal IV-D plan, including 
plan amendments, originally meets or continues to meet the requirements 
for approval are based on applicable Federal statutes, regulations and 
instructions applicable to Tribal IV-D programs. Guidance may be 
furnished to assist in the interpretation of the regulations.
    (d) After approval of the original Tribal IV-D program application, 
all relevant changes required by new Federal statutes, rules, 
regulations, and Department interpretations are required to be submitted 
so that the Secretary may determine whether the plan continues to meet 
Federal requirements and policies.
    (e) If a Tribe or Tribal organization intends to make any 
substantial or material change in any aspect of the Tribal IV-D program, 
a Tribal IV-D plan amendment must be submitted at the earliest 
reasonable time for approval under this section. The plan amendment must 
describe and, as appropriate, document the changes the Tribe or Tribal 
organization proposes to make to its IV-D plan, consistent with the 
requirements of applicable statutes and regulations.
    (f) The effective date of a plan or plan amendment may not be 
earlier than the first day of the fiscal quarter in which an approvable 
plan or plan amendment is submitted.

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