45 CFR 262.6 - What happens if a State does not demonstrate reasonable cause?
(a) A State may accept the penalty or enter into a corrective compliance plan that will correct or discontinue the violation in order to avoid the penalty if:
(1) A State does not claim reasonable cause; or
(2) We find that the State does not have reasonable cause.
(d) The corrective compliance plan must include:
(1) A complete analysis of why the State did not meet the requirements;
(2) A detailed description of how the State will correct or discontinue, as appropriate, the violation in a timely manner;
(3) The time period in which the violation will be corrected or discontinued;
(4) The milestones, including interim process and outcome goals, that the State will achieve to assure it comes into compliance within the specified time period; and
(e) The corrective compliance plan must correct or discontinue the violation within the following time frames:
(2) For the remaining penalties, by a date the State proposes that reflects the minimum period necessary to achieve compliance.
(f) During the 60-day period following our receipt of the State's corrective compliance plan, we may request additional information and consult with the State on modifications to the plan including in the case of a penalty under § 262.1(a)(15), modifications to the State's work verification procedures and Work Verification Plan.
(g) We will accept or reject the State's corrective compliance plan, in writing, within 60 days of our receipt of the plan, although a corrective compliance plan is deemed to be accepted if we take no action during the 60-day period following our receipt of the plan.
(h) If a State does not submit an acceptable corrective compliance plan on time, we will assess the penalty immediately.
(i) We will not impose a penalty against a State with respect to any violation covered by a corrective compliance plan that we accept if the State completely corrects or discontinues, as appropriate, the violation within the period covered by the plan.
(j) Under limited circumstances, we may reduce the penalty if the State fails to completely correct or discontinue the violation pursuant to its corrective compliance plan and in a timely manner. To receive a reduced penalty, the State must demonstrate that it met one or both of the following conditions:
(1) Although it did not achieve full compliance, the State made significant progress towards correcting or discontinuing the violation; or
(2) The State's failure to comply fully was attributable to either a natural disaster or regional recession.
Title 45 published on 2015-11-20
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 45 CFR Part 262 after this date.
- 45 CFR 261.53 — May a State Correct the Problem Before Incurring a Penalty?
- 45 CFR 264.11 — How Much Is the Penalty for Not Participating in IEVS?
- 45 CFR 261.57 — What Happens if a State Sanctions a Single Parent of a Child Under Six Who Cannot Get Needed Child Care?
- 45 CFR 262.4 — What Happens if We Determine That a State Is Subject to a Penalty?
- 45 CFR 264.3 — How Can a State Avoid a Penalty for Failure to Comply With the Five-Year Limit?
- 45 CFR 265.8 — Under What Circumstances Will We Take Action to Impose a Reporting Penalty for Failure to Submit Quarterly and Annual Reports?
- 45 CFR 264.40 — What Happens if a State Does Not Repay a Federal Loan?
- 45 CFR 263.9 — May a State Avoid a Penalty for Failing to Meet the Basic MOE Requirement Through Reasonable Cause or Corrective Compliance?
- 45 CFR 264.31 — What Happens if a State Does Not Comply With the IV-D Sanction Requirement?
- 45 CFR 264.50 — What Happens If, in a Fiscal Year, a State Does Not Expend, With Its Own Funds, an Amount Equal to the Reduction to the Adjusted SFAG Resulting From a Penalty?
- 45 CFR 261.20 — How Will We Hold a State Accountable for Achieving the Work Objectives of TANF?
- 45 CFR 264.76 — What Action Will We Take if a State Fails to Remit Funds After Failing to Meet Its Required Contingency Fund MOE Level?
- 45 CFR 263.10 — What Actions Would We Take Against a State if It Uses Federal TANF Funds in Violation of the Act?