California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.6 - Quagga and Zebra Mussel Infestation Prevention Grant Regulations › Section 5307 - Audits 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 Quagga and Zebra Mussel Infestation
				  Prevention Grant program funds. The department or its delegated representatives
				  may conduct periodic audits of a grantee to determine whether a grantee is in
				  compliance with state and federal law, and whether the requests for
				  reimbursement submitted by a grantee accurately represent the amount due to the
				  grantee.
(b) The department shall
				  notify a grantee in writing at least one week in advance of all scheduled
				  audits.
(c) A grantee shall make
				  all records available for review to the department or its designated
				  representatives. A grantee shall maintain records in accordance with the
				  requirements specified in the grant terms and conditions developed by the
				  department. Such records shall include, but not be limited to, all receipts and
				  invoices for expenditures made using 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.
(e) When
				  an audit report indicates that a grantee has requested and received payments
				  from the department under this grant program to which it is not entitled, the
				  grantee shall refund to the department that portion of the reimbursement to
				  which it was not entitled, according to the audit report, within 90 days of
				  notification by the department of such finding unless the grantee submits an
				  appeal pursuant to subdivision (g) of this section.
(f) When it is established that a grantee
				  improperly requested and received payments under this program, the grantee
				  shall refund to the department all reimbursements requested from the department
				  under this program within 90 days of notification by the department of such
				  findings, unless the grantee submits an appeal pursuant to subdivision (g) of
				  this section.
(g) A grantee has the
				  right to appeal the findings of any audit of its reimbursements to the Deputy
				  Director of the Department of Parks and Recreation, Division of Boating and
				  Waterways within 90 days of notification by the department of the audit
				  findings. The appeal shall be in writing, and the grantee shall include in the
				  written appeal a complete description of the issues in question, the grantee's
				  reason for the appeal, and all written evidence supporting grantee's appeal.
				  The appeal process shall commence with a conference between a representative of
				  the department and the grantee to review the issues and evidence. If the appeal
				  is not resolved to the grantee's satisfaction at this level of review, 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 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of section and NOTE, transmitted to OAL 10-6-2014 and filed
					 11-5-2014; amendments effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
Note: Authority cited: Section
						676,
						Harbors and Navigation Code. Reference: Section
						2302,
						Fish and Game Code; and Sections
						60.2,
						60.8,
						61.6,
						61.8,
						63.9
						and
						676,
						Harbors and Navigation Code.