Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 5 - Agriculture Enhancement and Diversification Program › Part 9 - SUPPLEMENTAL PROGRAM INFORMATION › Section 35:40-5-91 - Supplemental program information

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Proposals are not limited to a specific dollar amount. The Department reserves
				  the right to recommend an increase or decrease in the amount of requested
				  funding based on its findings and on its level of available funds.
(b) Proposals may be submitted at any time .
				  Deadline dates for submissions are January 1st, April 1st, July 1st, and
				  October 1 
				  st or the next regular business day if
				  the Department offices are closed on the day specified. Reviews for loan and
				  grant requests shall be made on a quarterly basis.
(c) The Oklahoma Department of Agriculture,
				  Food, and Forestry shall complete initial screening for completeness and
				  eligibility of all proposals upon receipt. Should revisions or corrections be
				  deemed necessary, the applicant may withdraw and resubmit so long as they
				  submit the revision by the deadline dates. Should the Department recommend a
				  funding level less than the amount requested in the proposal, the Department
				  shall confer with the applicant to determine whether the amount recommended
				  would alter the project's feasibility. No individual may participate in, or
				  vote on, a decision on an application relating to an organization in which that
				  individual has a direct personal financial interest.
(d) Following approval of the loan or grant
				  request by the State Board of Agriculture, a formal loan or grant contract
				  shall be executed between the Board and the borrower or grantee. This agreement
				  shall specify the agreed upon objectives, tasks to be performed, time line and
				  budget, fund release schedule, and any other conditions specific to the
				  individual proposal. Under the terms of all loan or grant contracts, the
				  borrower or grantee shall submit an interim report to the Department for
				  approval that outlines the projects progress, time lines, and budget compliance
				  prior to the Department issuing each of the subsequent payments. In most cases,
				  the entire loan or grant amount shall not be released at the time of the
				  Board's decision. The release of funds shall be tied to the loan or grant
				  contract, and any insufficiencies with the contract may result in withholding
				  of further funding. Grant awards exceeding $2,500 shall be disbursed in two or
				  more installments to the grantee. Borrowers and grantees shall submit a
				  comprehensive final written report describing the work performed and the
				  results obtained no later than sixty (60) days after completion of the
				  contract. This comprehensive report shall be supplemented by the financial
				  report of all expenses actually incurred and income generated by the project.
(e) To protect the investment of
				  the Board and of the people of Oklahoma, those financial documents, books,
				  receipts, orders, expenditures, electronic data, and accounting procedures and
				  practices of the borrower or grantee necessary to evaluate the use of loan or
				  grant funds are subject to examination by or for the Department at any time for
				  three years following the termination of the project.
(f) Oklahoma Agriculture Enhancement and
				  Diversification loan or grant funds may be used to buy supplies and cover
				  day-to-day expenses of the project.
(g) To the extent allowed under Oklahoma law,
				  the Department may limit the dissemination of information concerning a
				  proposal, but in any event, does not assume any liability for inadvertent
				  disclosure.
(h) Subject to the
				  policies, if any, of participating public programs and entities, rights to use
				  products, processes, or services developed under this loan or grant program
				  shall remain with the borrower or grantee. Subject to the same policies, all
				  rights to project outcomes may revert to the Department if the borrower,
				  grantee or assignee fails to market the product, process, or service in
				  accordance with individually negotiated funding contracts. In such cases, the
				  Department shall provide notice and the opportunity to others to assume control
				  of research projects. In these cases, priority shall be given to any licensee
				  under such property or others who benefit Oklahoma commercially, with first
				  priority being given to small firms in non-urban areas of the state.
(i) In certain cases, the Department may
				  receive royalties on the sale or lease of any product, process, or service
				  developed under the loan or grant. Royalty agreements shall be negotiated at
				  the time of the loan or grant contract and shall be structured so that the
				  Department can recover a portion of its investment of public funds. Repaid
				  funds shall be used to make new investments in other Oklahoma Agriculture
				  Enhancement and Diversification Program projects.
(j) In the event that a grantee or loan
				  recipient fails to comply with the terms of the agreement, including but not
				  limited to failure to pay back loans pursuant to the terms outlined in the
				  Agreement or failure to submit reports in a timely manner, the grantee or loan
				  recipient shall not participate in any events sponsored by any program of the
				  Oklahoma Department of Agriculture, Food, and Forestry related to market
				  development.
(k) Failure to
				  complete the terms of the agreement shall result in an audit and collection
				  activities by the Oklahoma Department of Agriculture, Food, and
				  Forestry.
Added at 17 Ok Reg
					 299, eff 11-2-99 through 7-14-00 (emergency)1; Added
					 at 17 Ok Reg 3569, eff 8-31-00 (emergency); Added at 18 Ok Reg 1022, eff
					 5-11-01; Amended at 19 Ok Reg 1252, eff 5-28-02; Amended at 26 Ok Reg 1822, eff
					 7-1-09
1This emergency action expired
					 without being superseded by a permanent action. Upon expiration of an emergency
					 action enacting a new Section, the Section is no longer effective. Therefore,
					 on 7-15-00 (after the 7-14-00 expiration of this emergency action), the text of
					 Section 35:40-5-91 was no longer effective, and remained as such until added
					 again by emergency action on 8-31-00. For the official text of the emergency
					 rule that was effective from 11-2-99 through 7-14-00, see 17 Ok Reg
					 299.