California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 5 - Charter Access to Bank Loan Enhancement (Charter Able) Program › Section 10200.14 - Audits and Conflicts of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				State may conduct or require periodic audits to ensure Awardees are using funds
				consistent with the requirements and the terms of the Program, the related
				financing program, and this Article. Awardees shall retain all documentation
				and financial data necessary to substantiate the purposes for which the
				financing funds were spent for a period of three years after the certification
				of completion and repayment of the debt or three years after the Program funds
				are no longer held in reserve, whichever is longer.
(b) Applicants and Awardees must avoid
				apparent and actual conflicts of interest when participating in grants from ED.
				ED regulations at 34 CFR
				75.525(a) prohibit a person
				from participating in an administrative decision regarding a project if (a) the
				decision is likely to benefit that person or their immediate family members;
				and (b) the person is a public official or has a family or business
				relationship with the Awardee.
				34 CFR
				75.525(b) provides further
				that an Awardee may not permit any person participating in a project to use
				their position for a purpose that is - or gives the appearance of being -
				motivated by a desire for a private or financial gain for that person or for
				others.
(c) When the acquisition of
				property or services are funded through a federal grant, a State or local
				entity benefiting from a grant must comply with
				2 CFR
				200.318 through
				2 CFR
				200.327. These standards require federal
				grant Awardees to develop written procurement procedures and to conduct all
				procurement transactions in a manner that provides, to the maximum extent
				possible, open and free competition. No employee, officer, or agent of the
				Awardee may participate in the selection, award, or administration of any
				contract supported by federal funds if a real or apparent conflict of interest
				exists.
(d) The Authority reserves
				the right to conduct site visits to any Charter School facility or project
				receiving Program funds pursuant to this Article.
(e) Participants will be required to
				routinely submit documentation in order to support continued eligibility on at
				least an annual basis.
(f) Awardees
				shall comply with all State and Federal requirements throughout the award
				period.
1. New section
				  filed 3-21-2022 as an emergency; operative 3-21-2022 (Register 2022, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 9-21-2022 as an emergency; operative
				  9-21-2022 (Register 2022, No. 38). A Certificate of Compliance must be
				  transmitted to OAL by 12-20-2022 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  12-19-2022 as an emergency; operative 12-21-2022 (Register 2022, No. 51). A
				  Certificate of Compliance must be transmitted to OAL by 3-21-2023 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 12-19-2022 order transmitted
				  to OAL 3-17-2023 and filed 5-1-2023 (Register 2023, No. 18).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.