Utah Administrative Code
Topic - Workforce Services
Title R990 - Housing and Community Development
Rule R990-100 - Community Services Block Grant Rules
Section R990-100-22 - Suspension or Termination of Funds
Current through Bulletin 2024-06, March 15, 2024
(1) If monitoring reports or independent audit reports show continuing, substantial non-compliance with contract requirements, accounting procedures, or fiscal control requirements, HCDD may request the eligible entity to submit and implement a Quality Improvement Plan within 60 days of notice of deficiency. Action to suspend or terminate funding will not be taken, however, unless timely and reasonable communication with the eligible entity fails to produce corrective action to HCDD's satisfaction. The eligible entity shall not be relieved of liability to the state for funds expended for improper purpose or federal audit exceptions sustained by the state by virtue of any breach of the contract by the agency, and the state may withhold or recover any payments to the eligible entity until the exact amount of damage due the state from the eligible entity is determined.
(2) Pursuant to the provisions of the contract between the state and eligible entity, delegation of funds and activities to others may not be made without prior approval of HCDD, SCSO.
(3) If HCDD takes action to suspend or terminate funding to an eligible entity, HCDD will issue a notice of agency action detailing the reasoning for terminating or suspending funding, including information concerning any Quality Improvement Plan and communication concerning the failure to produce correction action.
(4) An entity that receives a notice of agency action may request a hearing on the record, pursuant to 42 U.S.C. 9908(b)(8).
(5) The hearing on the record will be conducted in accordance with the procedures outlined in R986-100-124 through R986-100-133.
(6) If the eligible entity disagrees with the Administrative Law Judge decision, the entity may appeal to the Department of Workforce Services Executive Director or person designated by the Executive Director. The appeal must be filed, in writing, within 30 days of the issuance of the decision of the Administrative Law Judge.
(7) If the eligible entity disagrees with a final agency decision to terminate funding, it may appeal to the Secretary of the U.S. Department of Health and Human Services, as provided in 45 C.F.R. 96.92.