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Final Rule: Disallowance, Deferral and Reconsideration

AT-77-04

Published: February 8, 1977
Information About:
State/Local Child Support Agencies
Topics:
Funding, Disallowance, Federal Financial Participation (FFP)
Types:
Policy, Action Transmittals (AT), Regulations

Disallowance, Deferral and Reconsideration

Regulation

ACTION TRANSMITTAL

OCSE-AT-77-04

February 8, 1977

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS APPROVED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Disallowance, Deferral and Reconsideration

ATTACHMENT:A new regulation, 45 CFR 304.29, which specifies that the procedures for disallowance, deferral and reconsideration of claims for FFP established by 45 CFR 201.14 and 201.15 shall apply to title IV-D. The regulation clarifies which officials perform the specific task related to disallowance, deferral and reconsideration in the Office of Child Support Enforcement.

REGULATION REFERENCE: 45 CFR 201.14, 201.15, and 304.29.

EFFECTIVE: January 21, 1977

INQUIRIES TO: OCSE Regional Representatives

Deputy Director

Office of Child Support Enforcement

CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT ENFORCEMENT PROGRAM) DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

PART 304--FEDERAL FINANCIAL PARTICIPATION

Applicability of Other Regulations

Part 304, Chapter III, Title 45 of the Code of Federal Regulations is amended by adding a new § 304.29 which explicitly conforms §§ 201.14 and 201.15 of 45 CFR Part 201, Grants to States for Public Assistance Programs, relating to disallowance, deferral and reconsideration of claims for FFP, to the terminology used in the Child Support Enforcement Program.

Good cause exists to dispense with notice of proposed rulemaking since 45 CFR 201.14 and 45 CFR 201.15 already apply to all of title IV, including title IV-D. The purpose of this regulation is to clarify which officials perform the specific tasks related to disallowance, deferral and reconsideration in the Office of Child Support Enforcement.

As amended, Part 304 reads as set forth below:

Section 304.29 is added to read as follows:

§ 304.29 Applicability of other regulations.

Sections 201.14 and 201.15 of Chapter II of title 45 of the Code of Federal Regulations, which establish procedures for disallowance, deferral and reconsideration of claims for expenditures submitted by the States, shall apply to all expenditures claimed for FFP under title IV-D of the Act. For purposes of applying those provisions under title IV-D, "Service" shall read "Office" which refers to the Office of Child Support Enforcement; "Administrator" shall read "Director" which refers to the Director, Office of Child Support Enforcement; "Deputy Administrator" shall read "Deputy Director" which refers to the Deputy Director, Office of Child Support Enforcement; "Regional Commissioner" shall read "Regional Representative" which refers to the Regional Representatives of the Office of Child Support Enforcement; and "State" shall refer to the State IV-D agency.

(Sec. 1102, 49 Stat. 647 (42 U.S.C. 1302).)

This regulation shall be effective on January 21, 1977.

Note:--The Office of Child Support Enforcement has determined that this document does not require preparation of an inflationary impact statement under Executive Order 11821 and OMB Circular A-107.

Dated: January 10, 1977.

Robert Fulton

Director, Office of Child Support Enforcement

Approved: January 13, 1977.

Marjorie Lynch,

Acting Secretary.

(FR Doc 77-1946 Filed 1-19-77;8:45 am)