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

Universal Citation: 14 CA Code of Regs 5307

Current through Register 2024 Notice Reg. No. 38, September 20, 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.

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