---
kind: "section"
citation: "23 C.F.R. § 1300.52"
title: "23"
number: "1300.52"
heading: "Sanctions—risk assessment and non-compliance."
url: "https://uscodex.org/cfr/23/1300.52"
---

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

- (a) **Risk assessment.**
  - (1) All States receiving funds under the grant programs authorized under 23 U.S.C. Chapter 4 and [Section 1906](/cfr/23/1906.md) 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](/cfr/2/part200.md);
    - (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](/cfr/2/part200.md), [subpart F](/cfr/23/subpartF.md), 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](/cfr/2/200.208.md), 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](/cfr/2/part200.md) and [1201](/cfr/2/part1201.md), or with any other applicable law, the actions permitted under 2 CFR [200.208](/cfr/2/200.208.md) and [200.339](/cfr/2/200.339.md) may be applied as appropriate.

## Notes

### 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.