Penalties.

§ 1355.47 Penalties. (a) Federal funds subject to a penalty. The funds that are subject to a penalty are the title IV–E agency's claims for title IV–E foster care administration and training for the quarter in which the title IV–E agency is required to submit the data files. For data files due on May 15, ACF will assess the penalty based on the title IV–E agency's claims for the third quarter of the Federal fiscal year. For data files due on November 14, ACF will assess the penalty based on the title IV–E agency's claims for the first quarter of the Federal fiscal year. (b) Penalty amounts. ACF will assess penalties in the following amounts: (1) First six month period. ACF will assess a penalty in the amount of one sixth of one percent ( 1/6 of 1%) of the funds described in paragraph (a) of this section for the first six month period in which the title IV–E agency's submitted corrected data file does not comply with § 1355.46. (2) Subsequent six month periods. ACF will assess a penalty in the amount of one fourth of one percent ( 1/4 of 1%) of the funds described in paragraph (a) of this section for each subsequent six month period in which the title IV–E agency continues to be out of compliance. (c) Penalty reduction from grant. ACF will offset the title IV–E agency's title IV–E foster care grant award in the amount of the penalty from the title IV–E agency's claims following the title IV–E agency notification of ACF's final determination of noncompliance. (d) Appeals. The title IV–E agency may appeal ACF's final determination of noncompliance to the HHS Departmental Appeals Board pursuant to 45 CFR part 16. [81 FR 90569, Dec. 14, 2016]