Section 483 - Withholding of Funds/Termination(a) The DOJ may withhold funds and/or disallow expenditures anytime the grantee fails to comply with any term or condition of the Grant Award Agreement or requirements of the GCVPP Program.(b) Failure to comply may include, but is not limited to, the grantee's: (1) Failure to submit required DOJ Project Claim Invoices in a timely manner.(2) Failure to submit required DOJ Progress Reports in a timely manner.(3) Failure to resolve interim or final audit exceptions on past or current grants in a timely manner.(4) Failure to maintain adequate accounting records.(5) Failure to submit proof of Blanket Fidelity Bond or equivalent insurance coverage in a timely manner.(6) Failure to cooperate with or admit DOJ staff or representatives (e.g., audit team or evaluation staff) to review project and/or fiscal records.(7) Failure to reimburse disallowable costs according to payment terms agreed to by the grantee in a timely manner.(8) Failure to comply with the conflict of interest policy.(c) The DOJ reserves the right to terminate a grant and recover grant funds and/or equipment purchased for failure to comply with any term and condition of the Grant Award Agreement or the requirements of the GCVPP Program.(d) The DOJ shall have the right to terminate or reduce the grant amount for the current grant period if the funding made available by the Budget Act is insufficient.(e) The DOJ will have no responsibility to pay funds or furnish any other considerations under the intended grant award until the state budget allocation is available.(f) Previously-approved grantees shall have no responsibility to continue their full and current grant responsibility if their funding has been reduced, delayed, or eliminated.(g) The DOJ will provide the grantee reasonable notice and opportunity for a full and fair process set forth in the following:(1) The DOJ will notify the grantee by letter that it intends to terminate payments, and recover grant funds and/or equipment, either in whole or in part; unless the grantee shows good cause why the project should not be terminated and the funds and/or equipment recovered.(2) The grounds and the effective date of the proposed termination or recovery of funds and/or equipment will be stipulated in the letter.(3) The grantee will be given 10 calendar days to submit written materials to the DOJ in opposition to the proposed action.(h) The grantee may reserve the right to terminate its Grant Award Agreement with the DOJ with reasonable notice and opportunity for a full and fair process, subject to the following conditions:(1) The grantee must notify the DOJ in writing that it intends to terminate the Grant Award Agreement, either in whole or in part. The grounds and the effective date of the termination must be stipulated in a letter to the DOJ.(2) The grantee must comply with the documentation requirements of Section 484 of these regulations.(3) The DOJ reserves the right to take up to 10 calendar days to respond to the notice and negotiate final grant conditions.Cal. Code Regs. Tit. 11, § 483
1. New section filed 5-6-2002 as an emergency; operative 5-6-2002 (Register 2002, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-3-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2002 order, including amendment of subsections (b)(5), (g)(1) and (g)(3), transmitted to OAL by 8-30-2002 and filed 10-10-2002 (Register 2002, No. 41). Note: Authority cited: Section 13825.3(c), Penal Code. Reference: Sections 13825.3 and 13825.5, Penal Code.
1. New section filed 5-6-2002 as an emergency; operative 5-6-2002 (Register 2002, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-3-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-6-2002 order, including amendment of subsections (b)(5), (g)(1) and (g)(3), transmitted to OAL by 8-30-2002 and filed 10-10-2002 (Register 2002, No. 41).