California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 2 - 2004 and 2009 State Charter School Facilities Incentive Grants Programs › Section 10190 - Audits and Conflicts of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority and/or the Bureau of State Audits may conduct or require periodic
				audits to ensure subgrantees are using grant funds consistent with the
				requirements and the terms of the Program, the State Charter School Facilities
				Incentive Grant, and this article as approved. Subgrantees shall retain all
				documentation and financial data necessary to substantiate the purposes for
				which the grant funds were spent for a period of three years after the
				certification of completion of the project has been submitted or three years
				after the end of the funding period, whichever is longer.
(b) Subgrantees must avoid apparent and
				actual conflicts of interest when administering grants from the U.S. Department
				of Education. Department 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 his or her immediate family
				members; and (b) the person is a public official or has a family or business
				relationship with the subgrantee. Section
				75.525(b) provides
				further that a subgrantee may not permit any person participating in a project
				to use his or her 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 using
				federal funds to enter into a contract, a State or local entity receiving a
				grant must comply with 34
				CFR 80.36. These standards require federal
				grant subgrantees 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
				subgrantee 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) When these funds are
				used for construction-related activities, such as constructing a school
				building, renovating an existing owned school facility, or making leasehold
				improvements, contractors or subcontractors on the projects assisted with these
				federal funds must be in compliance with Davis-Bacon and Related Acts.
				(40 U.S.C. §
										3141, et seq.;
				29 U.S.C. §
										201, et seq.;
				40 U.S.C. §
										3701, et seq.;
				40 U.S.C. §
										3145; and
				18 U.S.C. §
										874.)
(e) The Authority reserves the right to
				conduct site visits to any charter school facility or project receiving a grant
				pursuant to this Article.
1. New section
				  filed 6-27-2005 as an emergency; operative 6-27-2005 (Register 2005, No. 26). A
				  Certificate of Compliance must be transmitted to OAL by 10-25-2005 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 10-17-2005 as an emergency; operative
				  10-17-2005 (Register 2005, No. 42). A Certificate of Compliance must be
				  transmitted to OAL by 2-14-2006 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 10-17-2005 order transmitted to OAL 2-8-2006 and filed 3-24-2006
				  (Register 2006, No. 12).
4. New subsection (c) and subsection
				  relettering filed 3-23-2009; operative 4-22-2009 (Register 2009, No.
				  13).
5. Amendment of subsection (a) and new subsection (f) filed
				  3-25-2010; operative 4-24-2010 (Register 2010, No. 13).
6. Repealer
				  of subsection (c), subsection relettering and amendment of newly designated
				  subsection (d) filed 11-29-2017; operative 1-1-2018 (Register 2017, No.
				  48).
7. Amendment of subsection (d) filed 7-26-2018; operative
				  7-26-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 30).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.