California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 4.5.2 - Boating Safety and Boating Law Enforcement Equipment Grant Program › Section 6594.9 - 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 Equipment 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,
				  subparts 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.
(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 Part 18.41 and
						18.42.