West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-18 - Administration Of State Funds And Grants › Section 148-18-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "A Agreed upon
				procedures engagement" means an agreement between a grantee and an independent
				certified public accountant to prepare a report required under this section,
				where the grantor who awarded the state grant(s) is required to agree to the
				procedures performed in addition to the grantee and the independent certified
				public accountant performing such engagement.
2.2. "A Examination engagement" means an
				agreement between a grantee and an independent certified public accountant to
				prepare a report required under this section, where the independent certified
				public accountant makes all judgements on the extent of testing necessary in
				order for said independent certified public accountant to render his or her
				opinion as to whether the state grants were spent as intended.
2.3. "A Grantee" means a person who is a
				recipient of a state grant.
2.4.
				"Grantor" means a state spending unit awarding a state grant.
2.5. "Person" includes any corporation,
				partnership, association, individual or other legal entity. The term "person"
				does not include a state spending unit or a local government as defined in
				section one-a, article nine, chapter six of the Code of West
				Virginia.
2.6. "Receipts" means the
				amount of state grants actually received by a grantee within a State fiscal
				year.
2.7. "Report" means an
				agreement between a grantee and an independent certified public accountant to
				test whether state grants were spent as intended. The term "report" does not
				mean a full-scope audit or review of the grantee. Reports shall comply with
				Compliance Attestation Standards established by the AICPA's (American Institute
				of Certified Public Accountants) Statements on Standards for Attestation
				Engagements to test whether state grants were spent for the intended purpose.
				Under specified circumstances, described in section 4 of this rule, certain
				types of independent audits may be substituted for the required
				report.
2.8. "State grant" means
				funding provided by a state spending unit, regardless of the original source of
				the funds, to a person upon application for a specific purpose. With regard to
				the amount of state grant funds which require compliance with this section, the
				receipt or disbursement of state grants means the amount of state grant funds
				actually received by a grantee within a State fiscal year, and does not mean
				the total amount of state grants awarded but not yet paid out to a grantee
				within a State fiscal year. The term "state grant" does not include:
(A) payments for goods and services purchased
				by a state spending unit;
(B)
				compensation to state employees and public officials;
(C) reimbursements to state employees and
				public officials for travel or incidental expenses;
(D) grants of student aid;
(E) government transfer payments;
(F) direct benefits provided under state
				insurance and welfare programs;
(G)
				funds reimbursed to a person for expenditures made for qualified purposes when
				receipts for the expenditures are required prior to receiving the funds, and
				where the receipts for the expenditures evidence that the person has actually
				expended the funds for a good or service and not merely taken possession of the
				good or received the service: Provided, That notwithstanding the provisions of
				this subdivision, funding provided pursuant to section twelve, article two,
				chapter five-b is included within the term "state grant";
(H) retirement benefits; and
(I) federal pass-through funds that are
				subject to the federal Single Audit Act Amendments of 1996, 31 U. S. C. 7501,
				et seq.
(J) formula distributions
				to volunteer and part-volunteer fire departments made pursuant to W. Va. Code
				''33-3-14d, 33-3-33, and 33-12C-7.