Section 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 of this chapter.(c) The reasonable cause exceptions and corrective compliance regulations at §§ 262.5 and 262.6 of this chapter do not apply to this penalty.