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§1300.52. Sanctions—risk assessment and non-compliance.

23 C.F.R. § 1300.52

(a)
Risk assessment.
(1)
All States receiving funds under the grant programs authorized under 23 U.S.C. Chapter 4 and Section 1906 shall be subject to an assessment of risk by NHTSA. In evaluating risks of a State highway safety program, NHTSA may consider, but is not limited to considering, the following for each State:
(i)
Financial stability;
(ii)
Quality of management systems and ability to meet management standards prescribed in this part and in 2 CFR part 200;
(iii)
History of performance. The applicant's record in managing funds received for grant programs under this part, including findings from Management Reviews;
(iv)
Reports and findings from audits performed under 2 CFR part 200, subpart F, or from the reports and findings of any other available audits; and
(v)
The State's ability to effectively implement statutory, regulatory, and other requirements imposed on non-Federal entities.
(2)
If a State is determined to pose risk, NHTSA may increase monitoring activities and may impose any of the specific conditions of 2 CFR 200.208, as appropriate.
(b)
Non-compliance. If at any time a State is found to be in non-compliance with the requirements of the grant programs under this part, the requirements of 2 CFR parts 200 and 1201, or with any other applicable law, the actions permitted under 2 CFR 200.208 and 200.339 may be applied as appropriate.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 402; 23 U.S.C. 405; Sec. 1906, Pub. L. 109-59, 119 Stat. 1468, as amended by Sec. 25024, Pub. L. 117-58, 135 Stat. 879; delegation of authority at 49 CFR 1.95.

Source

Source: 88 FR 7804, Feb. 6, 2023, unless otherwise noted.