PART 301—STATE PLAN APPROVAL AND GRANT PROCEDURES Authority: 42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667, 1301, and 1302. Source: 40 FR 27157, June 26, 1975, unless otherwise noted. § 301.0 Scope and applicability of this part. This part deals with the administration of title IV-D of the Social Security Act by the Federal Government including actions on the State plan and amendments thereto and review of such actions; grants under the approved plan; review and audit of State and local expenditures; and reconsideration of disallowances of expenditures for Federal financial participation. § 301.1 General definitions. When used in this chapter, unless the context otherwise indicates: Act Agent of a Child Applicable matching rate Assigned support obligation Assignment Attorney of a Child Birthing hospital Central authority Central registry Controlling order State Country Department Director Federal PLS Form Form Initiating agency Intergovernmental IV-D case Interstate IV-D case IV-D Agency Medicaid Medicaid agency Non-IV-A Medicaid recipient Office One-state remedies Overdue support Past-due support Political subdivision Procedures Qualified child, Record Regional Office Central Office Responding agency Secretary Spousal support State The State plan State PLS Tribunal Uniform Interstate Family Support Act (UIFSA) [47 FR 57280, Dec. 23, 1982, as amended at 50 FR 19647, May 9, 1985; 50 FR 23958, June 7, 1985; 50 FR 31719, Aug. 6, 1985; 53 FR 5256, Feb. 22, 1988; 54 FR 32308, Aug. 4, 1989; 56 FR 8002, Feb. 26, 1991; 57 FR 30429, July 9, 1992; 58 FR 41437, Aug. 4, 1993; 59 FR 66249, Dec. 23, 1994; 61 FR 67240, Dec. 20, 1996; 64 FR 6247, Feb. 9, 1999; 68 FR 25303, May 12, 2003; 73 FR 74919, Dec. 9, 2008; 75 FR 38641, July 2, 2010; 75 FR 81906, Dec. 29, 2010; 81 FR 93560, Dec. 20, 2016] § 301.10 State plan. The State plan is a comprehensive statement submitted by the IV-D agency describing the nature and scope of its program and giving assurance that it will be administered in conformity with the specific requirements stipulated in title IV-D, the regulations in Subtitle A and this chapter of this title, and other applicable official issuances of the Department. The State plan contains all information necessary for the Office to determine whether the plan can be approved, as a basis for Federal financial participation in the State program. § 301.11 State plan; format. The State plan must be submitted to the Office in the format and containing the information prescribed by the Office, and within time limits set in implementing instructions issued by the Office. Such time limits will be adequate for proper preparation of plans and submittal in accordance with the requirements for State Governors' review (see § 301.12 of this chapter). (Approved by the Office of Management and Budget under control number 0960-0253) [40 FR 27147, June 26, 1975, as amended at 51 FR 37730, Oct. 24, 1986] § 301.12 Submittal of State plan for Governor's review. The State plan must be submitted to the State Governor for his review and comments, and the State plan must provide that the Governor will be given opportunity to review State plan amendments and long-range program planning projections or other periodic reports thereon. This requirement does not apply to periodic statistical or budget and other fiscal reports. Under this requirement, the Office of the Governor will be afforded a specified period in which to review the material. Any comments made will be transmitted to the Office with the documents. (Approved by the Office of Management and Budget under control number 0960-0253) [40 FR 27147, June 26, 1975, as amended at 51 FR 37730, Oct. 24, 1986] § 301.13 Approval of State plans and amendments. The State plan consists of records furnished by the State to cover its Child Support Enforcement program under title IV-D of the Act. After approval of the original plan by the Office, all relevant changes, required by new statutes, rules, regulations, interpretations, and court decisions, are required to be submitted currently so that the Office may determine whether the plan continues to meet Federal requirements and policies. (a) Submittal. (b) Review. (c) Action. (d) Basis for approval. (e) Prompt approval of the State plan. (f) Prompt approval of plan amendments. (g) Effective date. (Approved by the Office of Management and Budget under control number 0960-0253) [40 FR 27147, June 26, 1975, as amended at 51 FR 37730, Oct. 24, 1986; 81 FR 93560, Dec. 20, 2016] § 301.14 Administrative review of certain administrative decisions. Any State dissatisfied with a determination of the Director pursuant to § 301.13 (e) or (f) with respect to any plan or amendment may, within 60 days after the date of receipt of notification of such determination, file a petition with the Regional Office asking the Director for reconsideration of the issue of whether such plan or amendment conforms to the requirements for approval under the Act and pertinent Federal requirements. Within 30 days after receipt of such a petition, the Director shall notify the State of the time and place at which the hearing for the purpose of reconsidering such issue will be held. Such hearing shall be held not less than 30 days nor more than 60 days after the date notice of such hearing is furnished to the State, unless the Director and the State agree in writing on another time. The hearing procedures contained in 45 CFR part 213 applicable to § 201.4 of this title shall apply to reconsiderations brought under this section. A determination affirming, modifying, or reversing the Director's original decision will be made within 60 days of the conclusion of the hearing. Action pursuant to an initial determination by the Director described in such § 301.1 (e) or (f) that a plan or amendment is not approvable shall not be stayed pending the reconsideration, but in the event that the Director subsequently determines that his original decision was incorrect he shall certify restitution forthwith in a lump sum of any funds incorrectly withheld or otherwise denied. § 301.15 Grants. To States with approved plans, a grant is made each quarter for expenditures under the plan for the administration of the Child Support Enforcement program. The determination as to the amount of a grant to be made to a State is based upon documents submitted by the IV-D agency containing information required under the Act and such other pertinent facts as may be found necessary. (a) Financial reporting forms Form OCSE-396: Child Support Enforcement Program Quarterly Financial Report. (2) Form OCSE-34: Child Support Enforcement Program Quarterly Collection Report. (b) Submission, review, and approval Manner of submission. (2) Schedule of submission. (3) Review and approval. (c) Grant award Award documents. (2) Award calculation. (i) An advance of funds for the next quarter, based on the State's approved estimate; and (ii) The reconciliation of the advance provided for the current quarter, based on the State's approved expenditures. (3) Access to funds. (d) General administrative requirements. (1) 2 CFR 200.306, Cost sharing or matching (2) 2 CFR 200.328, Financial reporting. (Approved by the Office of Management and Budget under control numbers 0960-0239 and 0960-0235) [40 FR 27147, June 26, 1975, as amended at 51 FR 37731, Oct. 24, 1986; 61 FR 67240, Dec. 20, 1996; 81 FR 3021, Jan. 20, 2016; 81 FR 93560, Dec. 20, 2016; 89 FR 80072, Oct. 2, 2024] § 301.16 Withholding of advance funds for not reporting. (a) No advance for any quarter will be made unless full and complete reports on expenditures and collections, as required by §§ 301.15 and 302.15 of this chapter, respectively, have been submitted to the Office by the IV-D agency for all quarters with the exception of the two quarters immediately preceding the quarter for which the advance is to be made. (b) For purposes of this section, a report is full and complete if: (1) All line items of information are reported in accordance with OCSE instructions; and (2) The report contains all applicable information available to the State and appropriate for inclusion in the report for the quarter being reported and prior quarters. (Collection reporting form approved by the Office of Management and Budget under control number 0960-0238 and expenditure reporting form approved under control number 0960-0235) [47 FR 8570, Mar. 1, 1982]