[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: 45CFR309.40]

[Page 306]
 
                        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. 309.40  What is the basis for disapproval of a Tribal IV-D program 
application, plan or plan amendment?

    (a) A IV-D application, plan, or plan amendment will be disapproved 
if:
    (1) The Secretary determines that the application, plan, or plan 
amendment fails to meet or no longer meets one or more of the 
requirements set forth in this part or any other applicable Federal 
regulations, statutes and implementing instructions;
    (2) The Secretary determines that required Tribal laws, code, 
regulations, and procedures are not in effect; and/or
    (3) The Secretary determines that the application, plan, or plan 
amendment is not complete, after the Tribe or Tribal organization has 
had the opportunity to submit the necessary information.
    (b)(1) Except as provided in paragraph (b)(2) of this section and 
Sec. 309.45(h) of this part, a written Notice of Disapproval of the 
Tribal IV-D program application, plan, or plan amendment, as applicable, 
will be sent to the Tribe or Tribal organization upon the determination 
that any of the conditions of paragraph (a) of this section apply. The 
Notice of Disapproval will include the specific reason(s) for 
disapproval.
    (2) Where the Secretary believes an approved Tribal IV-D plan should 
be disapproved, he will notify the Tribe of his intent to disapprove the 
plan.
    (c) If the application, plan or plan amendment is incomplete and 
fails to provide enough information to make a determination to approve 
or disapprove, the Secretary will request the necessary information.