§ 1000.534. What constitutes substantial noncompliance?
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/us/cfr/t24/s§ 1000.534·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
HUD will review the circumstances of each noncompliance with NAHASDA and the regulations on a case-by-case basis to determine if the noncompliance is substantial. This review is a two step process. First, there must be a noncompliance with NAHASDA or these regulations. Second, the noncompliance must be substantial. A noncompliance is substantial if:
(a)The noncompliance has a material effect on the recipient meeting its planned activities as described in its Indian Housing Plan;
(b)The noncompliance represents a material pattern or practice of activities constituting willful noncompliance with a particular provision of NAHASDA or the regulations, even if a single instance of noncompliance would not be substantial;
(c)The noncompliance involves the obligation or expenditure of a material amount of the NAHASDA funds budgeted by the recipient for a material activity; or
(d)The noncompliance places the housing program at substantial risk of fraud, waste or abuse. \[63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71529, Dec. 3, 2012\]