California Code of Regulations
Title 3 - Food and Agriculture
Division 1 - Administration
Chapter 5 - Grant Administration
Section 311 - Prior Approval Required

Universal Citation: 3 CA Code of Regs 311

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

(a) Prior approval is required for changes to an approved project proposal, scope of work, or budget. The recipient shall submit a request in writing to the Grant Award Manager or designee for prior approval of the following:

(1) Revision of the project, including the objectives, performance measures, or outcomes.

(2) Revision of the scope of work, including the activities, dates, or deliverables.

(3) Budget changes, including line item shifts or changes to the approved use of funds. The Department may set a threshold at which a line item shift is required. The Department may waive this prior approval requirement; such waiver must be in writing.

(4) Extension of the grant duration.

(5) Purchase of equipment not included in the approved budget.

(6) Rental of land not included in the approved budget.

(7) Foreign travel not included in the approved budget.

(8) Contracting out or obtaining the services of a third party not included in the approved budget. The Department may waive this prior approval requirement; such waiver must be in writing. Waiver of the prior approval requirement does not waive the requirements of sections 319 and 320.1.

(9) Change in Recipient organization or key personnel.

(10) Absence of key personnel.

(11) Use of program income for purposes other than those set forth in section 318 or in accordance with the grant agreement terms and conditions. The Department may waive this prior approval requirement; such waiver must be in writing.

(12) Charging costs that benefit both award and non-award activities to a grant on a proportional basis.

(13) Other prior approvals as required in the grant agreement or the guidance available pursuant to section 330.2.

(b) The request for prior approval will be granted or denied within 15 business days, and will be in writing.

(c) Failure to obtain prior written approval may result in disallowance of costs incurred.

1. New section filed 9-21-2016; operative 1-1-2017. Exempt from Administrative Procedure Act pursuant to Food and Agricultural Code Section 485(d), which provides "Procedures, forms, and guidelines established for these grant programs, including the application process, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code." (Register 2016, No. 39).

Note: Authority cited: Sections 407 and 485, Food and Agricultural Code. Reference: Sections 201, 401, 401.5, 404 and 485, Food and Agricultural Code; and Section 18901.2, Revenue and Taxation Code.

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