California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 4.5.4 - Boating Safety and Boating Law Enforcement Trainee Grant Program › Section 6594.47 - Audit and Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department shall maintain adequate controls to ensure responsibility and
				  accountability for the expenditure of the Boating Safety and Boating Law
				  Enforcement Trainee Grant Program funds. The Department or its representatives
				  may conduct periodic systematic audits of a grantee in order to determine
				  whether a grantee is in compliance with State and Federal law and the requests
				  for reimbursement submitted by a grantee accurately represent the amount due
				  the agency.
(b) The Department
				  shall notify a grantee in writing at least one week in advance of all scheduled
				  audits.
(c) A grantee shall make
				  records available for review to the Department or its representatives. A
				  grantee shall maintain records in accordance with the requirements specified in
				  Title 49 of the Code of Federal Regulations, Part 18, subpart 18.41 and 18.42
				  -- Uniform Administrative Requirements for Grants and Cooperative Agreements to
				  State and Local Governments. Such records shall include all receipts and
				  invoices for purchases made with grant funds.
(d) If the Department or its representatives
				  conduct an audit of a grantee, the Department shall issue an audit report to
				  the grantee. The audit report shall include a description of how the audit was
				  performed and a listing of findings, including any reimbursement to which the
				  grantee was not entitled, based on the Department's funding
				  guidelines.
(e) When an audit
				  indicates that a grantee has requested and received payments from the
				  Department under this program to which it is not entitled, the grantee shall
				  pay to the Department that portion of the reimbursement that was improperly
				  requested within 90 days of notification of such finding unless the grantee
				  submits an appeal pursuant to (g).
(f) When it is established that a grantee
				  fraudulently requested and received payments under this program, the grantee
				  shall pay to the Department all reimbursement requested from the Department
				  under this program within 90 days of notification of such finding unless the
				  grantee submits an appeal pursuant to (g).
(g) A grantee has the right to appeal the
				  findings of any audit to the director of the Department in writing within 90
				  days after completion of the audit report. The grantee shall include in the
				  written appeal a description of the items in question and the grantee's reason
				  for the appeal. The appeal process shall commence with a conference between a
				  representative of the Department and the grantee to review the items in
				  question. If the appeal is not resolved to the grantee's satisfaction, the
				  grantee may request that the matter be reviewed through a formal hearing
				  conducted in accordance with Government Code Section
				  11500 et
				  seq.
1. New
					 section filed 10-20-2009; operative 11-19-2009 (Register 2009, No.
					 43).
Note: Authority cited: Sections
						61.4
						and
						61.6,
						Harbors and Navigation Code. Reference: Sections
						61.4,
						61.6
						and
						650,
						Harbors and Navigation Code; and 49 CFR Parts 18.41 and
						18.42.