---
kind: "section"
citation: "45 C.F.R. § 264.76"
title: "45"
number: "264.76"
heading: "What action will we take if a State fails to remit funds after failing to meet its required Contingency Fund MOE level?"
url: "https://uscodex.org/cfr/45/264.76"
---

# §264.76. What action will we take if a State fails to remit funds after failing to meet its required Contingency Fund MOE level?

- (a) If, for a fiscal year in which it receives contingency funds, a State fails to meet its required Contingency Fund MOE level, we will penalize the State by reducing the SFAG payable for the next fiscal year by the amount of contingency funds not remitted.
- (b) A State may appeal this decision, as provided in [§ 262.7](/cfr/45/262.7.md) of this chapter.
- (c) The reasonable cause exceptions and corrective compliance regulations at §§ [262.5](/cfr/45/262.5.md) and [262.6](/cfr/45/262.6.md) of this chapter do not apply to this penalty.

## Notes

### Authority

Authority: 31 U.S.C. 7501 et seq.; 42 U.S.C. 608, 609, 654, 1302, 1308, and 1337.

### Source

Source: 64 FR 17896, Apr. 12, 1999, unless otherwise noted.