45 CFR 305.61 - Penalty for failure to meet IV-D requirements
| Cite as | 45 CFR 305.61 |
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4 practice notes
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Adm. Para El Sustento v. Dept. of Hhs of U.S., 08-2169.
...action year" in which the state is required to improve its performance or face penalties. Id. § 609(a)(8)(A); 45 C.F.R. §§ 305.40, 305.61(a)-(b). That is, when a state in consecutive fiscal years fails either the data reporting requirement and/or the substantive performance requirement (inc......
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Hughlett v. Romer-Sensky, 05-3299.
...If ODJFS fails to meet this substantial compliance standard, the Secretary may reduce the funding to Ohio by up to five percent. 45 C.F.R. § 305.61. This scheme typifies the remedies found in spending legislation. "In legislation enacted pursuant to the spending power, the typical remedy fo......
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State of Ala. Dept. of Human v. U.S. Dept. Hhs, CIV. 05CV2098 (RJL).
...is not in compliance at the end of that corrective action year, it can be assessed a percentage reduction in its TANF grant award. 45 C.F.R. § 305.61. Prior to assessing a penalty, HHS is required to notify the state in writing, explaining the deficiency and indicating the amount of the pot......
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From welfare state to police state.
...laws and federal regulations, time is invariably made available for the state to make corrections and not lose any funding. (5) Under 45 CFR 305.61, no penalty can be imposed for noncompliance without a notice. At a minimum, the state would have a year for corrective action before losing an......
3 cases
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Adm. Para El Sustento v. Dept. of Hhs of U.S., 08-2169.
...action year" in which the state is required to improve its performance or face penalties. Id. § 609(a)(8)(A); 45 C.F.R. §§ 305.40, 305.61(a)-(b). That is, when a state in consecutive fiscal years fails either the data reporting requirement and/or the substantive performance requirement (inc......
-
Hughlett v. Romer-Sensky, 05-3299.
...If ODJFS fails to meet this substantial compliance standard, the Secretary may reduce the funding to Ohio by up to five percent. 45 C.F.R. § 305.61. This scheme typifies the remedies found in spending legislation. "In legislation enacted pursuant to the spending power, the typical remedy fo......
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State of Ala. Dept. of Human v. U.S. Dept. Hhs, CIV. 05CV2098 (RJL).
...is not in compliance at the end of that corrective action year, it can be assessed a percentage reduction in its TANF grant award. 45 C.F.R. § 305.61. Prior to assessing a penalty, HHS is required to notify the state in writing, explaining the deficiency and indicating the amount of the pot......
1 books & journal articles
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From welfare state to police state.
...laws and federal regulations, time is invariably made available for the state to make corrections and not lose any funding. (5) Under 45 CFR 305.61, no penalty can be imposed for noncompliance without a notice. At a minimum, the state would have a year for corrective action before losing an......