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4.2 MEPA/IEAP, Enforcement of Section 471 (a)(18) of the SSA

Items with a star (*) and gray background have been modified from previous record.

Question Number 2:
07/30/2010 - Current
Question*Section 474(a) of the Social Security Act restricts the application of penalties for MEPA violations to one fiscal year. By what authority can ACF continue a penalty into the next fiscal year?
Answer*The regulations do not provide for a continuation of a penalty into the subsequent fiscal year if a title IV-E agency fails to come into compliance. ACF may and has the authority to initiate a full or partial review in a subsequent fiscal year for those title IV-E agencies that are in violation of section 471(a)(18) of the Act and have failed to complete corrective action to come into compliance. Thus, any statute, regulation, policy, procedure or practice that remains uncorrected from a previous fiscal year may result in a new finding of a violation of noncompliance with section 471(a)(18) of the Act. We will not disregard an uncorrected violation simply because a fiscal year has ended. It is part of the Department's oversight responsibility to ensure that all title IV-E agencies are in compliance with section 471(a)(18) of the Act at any given time and any uncorrected violation may be subject to a review at the beginning of a new fiscal year.
Source/Date*Preamble to the Final Rule (65 FR 4020) (1/25/00) (revised 07/14/10)
Legal and Related ReferencesSocial Security Act - section 471 (a)(18); 45 CFR 1355.38

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08/14/2000 - 07/30/2010 (Original Record)
QuestionSection 474 (a) of the Social Security Act restricts the application of penalties for MEPA violations to one fiscal year. By what authority can ACF continue a penalty into the next fiscal year?
AnswerThe regulations do not provide for a continuation of a penalty into the subsequent fiscal year if a State fails to come into compliance. ACF may and has the authority to initiate a full or partial review in a subsequent fiscal year for those States that are in violation of section 471 (a)(18) of the Act and have failed to complete corrective action to come into compliance. Thus, any statute, regulation, policy, procedure or practice that remains uncorrected from a previous fiscal year may result in a new finding of a violation of noncompliance with section 471 (a)(18) of the Act. We will not disregard an uncorrected violation simply because a fiscal year has ended. It is part of the Department''s oversight responsibility to ensure that all States are in compliance with section 471 (a)(18) of the Act at any given time and any uncorrected violation may be subject to a review at the beginning of a new fiscal year.
Source/DatePreamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related ReferencesSocial Security Act - section 471 (a)(18); 45 CFR 1355.38

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