California Code of Regulations
Title 3 - Food and Agriculture
Division 1 - Administration
Chapter 5 - Grant Administration
Section 316.1 - Advance Payment

Universal Citation: 3 CA Code of Regs 316.1

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

(a) Recipients may be eligible to receive an advance payment for project expenditures.

(b) An advance payment shall not exceed the amount necessary for project expenses for a three-month period.

(c) Funds received as an advance payment shall be deposited into a federally-insured, interest-bearing account that provides the ability to track interest earned and withdrawals.

(d) The period of time between receipt of the advance payment funds and disbursement of the advance payment funds shall be minimized to the extent possible. Failure to liquidate advance payments within the three month period may result in denial of future advance payment requests.

(e) Interest earned during a six-month period shall be remitted to the Department.

(f) Advance payment is not allowable under the following circumstances:

(1) An existing advance is not completely liquidated.

(2) The advance will reduce the project balance below ten percent of the award amount.

(3) An unresolved invoice dispute exists.

(4) Resolution of an audit or agreed-upon-procedure finding of overpayment, unallowable costs, inadequately supported costs, or unsupported costs is pending.

(5) The project is not current in invoicing or reporting.

(6) The project is in the final three months of the project duration.

(7) Additional conditions imposed prohibit an advance payment.

(8) Advance payment is otherwise prohibited by law or grant program requirements.

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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