Title 45
SECTION 286.230
286.230 What if a Tribe does not have reasonable cause for failing to meet a requirement
§ 286.230 What if a Tribe does not have reasonable cause for failing to meet a requirement?(a) To avoid the imposition of a penalty under § 286.195(a)(1), § 286.195(a)(2), or § 286.195(a)(3), under the following circumstances a Tribe must enter into a corrective compliance plan to correct the violation:
(1) If a Tribe does not claim reasonable cause for failing to meet a requirement; or
(2) If we found that a Tribe did not have reasonable cause.
(b) A Tribe that does not claim reasonable cause will have 60 days from receipt of the notice described in § 286.220(a) to submit its corrective compliance plan to us.
(c) A Tribe that does not demonstrate reasonable cause will have 60 days from receipt of the second notice described in § 286.220(d) to submit its corrective compliance plan to us.
(d) In its corrective compliance plan the Tribe must outline:
(1) Why it failed to meet the requirements;
(2) How it will correct the violation in a timely manner; and
(3) What actions, outcomes and time line it will use to ensure future compliance.
(e) During the 60-day period beginning with the date we receive the corrective compliance plan, we may, if necessary, consult with the Tribe on modifications to the plan.
(f) A corrective compliance plan is deemed to be accepted if we take no action to accept or reject the plan during the 60-day period that begins when the plan is received.
(g) Once a corrective compliance plan is accepted or deemed accepted, we may request reports from the Tribe or take other actions to confirm that the Tribe is carrying out the corrective actions specified in the plan.
(1) We will not impose a penalty against a Tribe with respect to any violation covered by that plan if the Tribe corrects the violation within the time frame agreed to in the plan.
(2) We must assess some or all of the penalty if the Tribe fails to correct the violation pursuant to its corrective compliance plan.