---
kind: "section"
citation: "45 C.F.R. § 1355.47"
title: "45"
number: "1355.47"
heading: "Penalties."
url: "https://uscodex.org/cfr/45/1355.47"
---

# §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)](#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](/cfr/45/1355.46.md).
  - (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)](#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](/cfr/45/part16.md).

## Notes

### Amendments

[81 FR 90569, Dec. 14, 2016]

### Authority

Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq.; 42 U.S.C. 1302.

### Amendments

[81 FR 90569, Dec. 14, 2016]