New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 110 - LOCAL GOVERNMENT GRANTS
Part 5 - JUVENILE ADJUDICATION FUND GRANTS TO LOCAL GOVERNMENTS
Section 2.110.5.18 - SANCTIONS

Universal Citation: 2 NM Admin Code 2.110.5.18

Current through Register Vol. 35, No. 18, September 24, 2024

A. The division may impose sanctions on a grantee based upon one or more of the following grounds:

(1) improper or inadequate performance, including, but not limited to, the failure to implement grant activities in a timely fashion or in accordance with the grant agreement or conduct the alternative adjudication program in accordance with the program guidelines;

(2) fraud, abuse, misconduct, or misuse of grant funds;

(3) failure to correct monitoring or audit findings;

(4) failure to document and report to the division all grant expenditures;

(5) lack of continuing capacity to successfully administer the alternative adjudication program;

(6) implementation of an alternative adjudication program or budget change without prior division approval;

(7) non-compliance with one or more condition(s) of the grant agreement;

(8) criminal conduct involving the alternative adjudication program; or

(9) violation of applicable laws or regulations.

B. The sanctions set forth in this subsection are the types of permissible sanctions that may be imposed upon a grantee. More than one sanction may be imposed for the same ground(s) giving rise to the sanction. The sanction or sanctions imposed will be based upon the underlying ground(s) for the sanction(s), past performance of and sanctions imposed upon the grantee, and the importance of the state interest implicated by the ground(s) for the sanction(s).

(1) Disallowance of expenditures. A grantee may not be reimbursed for expenditures.

(2) Withholding reimbursement. The division director may temporarily withhold payment, or disallow further draw-downs.

(3) Suspension. The division director may suspend the grant agreement. The grantee shall not be reimbursed for expenditures incurred during the period of the suspension unless the division director subsequently authorizes such reimbursement in writing.

(4) Repayment to the juvenile adjudication fund of amounts previously paid by the division to the grantee.

(5) Termination of the grant agreement.

(6) Disqualification from receiving future grants.

C. Before imposing any sanctions on a grantee, the division director shall give the grantee written notice of the proposed sanction and the grounds for the proposed sanction. The grantee shall be provided a reasonable opportunity to present facts and arguments challenging the appropriateness of the proposed sanction and the grounds upon which it is based. The division director shall issue a final decision after duly considering the grantee's facts and arguments or after the time for presenting them has passed.

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