[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: 45CFR309.45]

[Page 306-307]
 
                        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. 309.45  When and how may a Tribe or Tribal organization request 
reconsideration of a disapproval action?

    (a) Except as specified under paragraphs (g) and (h) of this 
section, a Tribe or Tribal organization may request reconsideration of 
the disapproval of a Tribal IV-D application, plan or plan amendment by 
filing a written Request for Reconsideration to the Secretary within 60 
days of the date of the Notice of Disapproval.
    (b) The Request for Reconsideration must include:
    (1) All documentation that the Tribe or Tribal organization believes 
is relevant and supportive of its application, plan or plan amendment; 
and
    (2) A written response to each ground for disapproval identified in 
the Notice of Disapproval, indicating why the Tribe or Tribal 
organization believes its application, plan or plan amendment conforms 
to the requirements for approval specified in applicable Federal 
statutes, regulations and office issuances; and
    (3) Whether or not the Tribe or Tribal organization requests a 
meeting or conference call with the Secretary.
    (c) After receiving a Request for Reconsideration that includes a 
request for a conference call or meeting, OCSE will determine whether to 
hold a conference call or a meeting with the Tribe or Tribal 
organization to discuss the reasons for disapproval of the application, 
plan, or plan amendment as well as the Tribe or Tribal organization's 
response. The Secretary will notify the Tribe or Tribal organization of 
the date and time of the conference call or meeting.
    (d) A conference call or meeting under Sec. 309.45(c) shall be held 
not less than 30 days nor more than 60 days after the date the notice of 
such call or meeting is furnished to the Tribe or Tribal organization, 
unless both parties agree in writing to another time.
    (e) The Secretary will make a written determination affirming, 
modifying, or reversing disapproval of a Tribal IV-D program 
application, plan, or plan amendment within 60 days after the conference 
call or meeting is held, or within 60 days after the request for 
reconsideration that does not include a request for a meeting. This 
determination shall be the final decision of the Secretary.
    (f) The Secretary's determination that a Tribal IV-D application, 
new plan or plan amendment is not approvable remains in effect pending 
the reconsideration under this part.
    (g) Disapproval of start-up funding, a request for waiver of the 
100-child rule, and a request for waiver of the non-Federal Tribal share 
is not subject to administrative appeal.
    (h) Where the Secretary believes an approved Tribal IV-D plan should 
be

[[Page 307]]

disapproved, he will notify the Tribe of his intent to disapprove the 
plan. If the Tribe waives its right to reconsideration under this 
section, the Tribe may request a pre-decision hearing with 60 days of 
the date of the Notice of Intent to Disapprove the plan. The hearing 
will utilize the procedures at 45 CFR part 213.