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

Universal Citation: UT Admin Code R 990-100-22

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).

(a) The request for hearing must be in writing, approved and signed by the entity's elected officials, and must set forth the grounds for the request.

(b) The request for hearing must be filed with Department of Workforce Services Division of Adjudication within 30 calendar days from the date of the notice of agency action.

(c) In computing the time allowed for filing a request for hearing, the date as it appears in the notice of agency action is not included. The last day of the request period is included in the computation unless it is a Saturday, Sunday, or legal holiday when the offices of the Department are closed. If the last day permitted for filing an request falls on a Saturday, Sunday, or legal holiday, the time permitted for filing a appeal will be extended to the next day when the Department offices are open.

(d) The date of receipt of a request is the date the request is actually received by the Department of Workforce Services Division of Adjudication, as shown by the Department's date stamp on the document or other credible evidence such as a written or electronic notation of the date of receipt, and not the post mark date from the post office. If the appeal is faxed to the Department of Workforce Services Division of Adjudication, the date of receipt is the date recorded on the fax.

(e) If an eligible entity does not request a hearing within the 30-day limit, the notice of agency action will be effective at the end of the 30 days.

(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.

(a) The decision by the Department of Workforce Services Executive Director or person designated by the Executive Director, constitutes the final agency decision.

(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.

(a) Pursuant to 45 C.F.R. 96.92, if an eligible entity has made a request for review, SCSO may not discontinue current or future funding until the U.S. Department of Health and Human Services confirms the final agency decision.

(b) Pursuant to 45 C.F.R. 96.92, if an eligible entity does not make a request for review within the 30-day limit, the final agency decision will be effective at the end of the 30 days.

Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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