C.F.R. » Title 45 » CHAPTER III—OFFICE OF CHILD SUPPORT SERVICES, ADMINISTRATION OF FAMILIES AND SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 305—PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, AND PENALTIES

45 C.F.R. § 305.62

Disregard of a failure which is of a technical nature

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A State subject to a penalty under § 305.61(a)(1)(ii) or (iii) of this part may be determined, as appropriate, to have submitted adequate data or to have achieved substantial compliance with one or more IV-D requirements, as defined in § 305.63 of this part, if the Secretary determines that the incompleteness or unreliability of the data, or the noncompliance with one or more of the IV-D requirements, is of a technical nature which does not adversely affect the performance of the State's IV-D program or does not adversely affect the determination of the level of the State's paternity establishment or other performance measures percentages.

Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: Administración Para El Sustento De Menores (Administration for Child Support) of the Department of the Family v. Departm
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Administración Para El Sustento De Menores (Administration for Child Support) of the Department of the Family v. Departm (2009) ca1 “45 C.F.R. § 305.62 . We agree with HHS that Puerto Rico’s failure to comply with the FY 2001 PEP reporting requirements was not of a “technical nature” and, therefore, the Secretary had no discretion to accept Puerto Rico’s submission.”
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