Section 1859.104.1 - Material Inaccuracy PenaltiesWhen the Board makes a finding that a Material Inaccuracy occurred for a SFP Project, the district shall be subject to the following penalties:
(a) If the Material Inaccuracy finding occurred prior to the apportionment, the district shall be:(1) Prohibited from self-certifying the project information for a period of up to five years from the date the Board made the finding of Material Inaccuracy for the project. A prohibition from self-certification of project information may be less than five years as determined on a case-by-case basis by the Board.(2) Required to file all projects pursuant to Section 1859.104.2. for the time period required in subsection (a)(1).(3) Subject to the fee prescribed by Section 1859.104.3.(b) If the Material Inaccuracy finding occurred after the apportionment but no funds have been released for the project:(1) The Board shall reduce the project apportionment by the additional funding received beyond the amount the district was entitled to for the project.(2) The school district shall be prohibited from self-certifying project information for a period of up to five years from the date the Board made the finding of Material Inaccuracy for the project. A prohibition from self-certification of project information may be less than five years as determined on a case-by-case basis by the Board.(3) The school district shall be required to file all projects pursuant to Section 1859.104.2 for the time period required in subsection (b)(2).(4) The school district shall be subject to the fee prescribed by Section 1859.104.3.(c) If the Material Inaccuracy finding occurred after the apportionment and funds were released for the project, the district:(1) Must repay the additional funding received beyond the amount the district was entitled to for the project with interest within five years from the date the Board made the finding of Material Inaccuracy. Interest shall be assessed as prescribed in Education Code Section 17070.51(b)(1).(2) Shall be prohibited from self-certifying project information for a period of up to five years from the date the Board made the finding of Material Inaccuracy for the project. A prohibition from self-certification of project information may be less than five years as determined on a case-by-case basis by the Board.(3) Shall be required to file all projects pursuant to Section 1859.104.2 for the time period required in subsection (c)(2).(4) Shall be subject to the fee prescribed by Section 1859.104.3.(d) The Board may direct that adjustments to the school district's New Construction or Modernization baseline eligibility be made pursuant to Sections 1859.51 and 1859.61 based on the determination of Material Inaccuracy. A school district filing a Project Information Worksheet with the best available information at the time of filing will not be subject to a Material Inaccuracy for that information.
Cal. Code Regs. Tit. 2, § 1859.104.1
1. New section filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
2. Amendment of section and NOTE filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
4. Amendment of subsection (d) filed 1-26-2009; operative 1-26-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 5). Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17070.51 and 17077.40, Education Code.
1. New section filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
2. Amendment of section and Note filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
4. Amendment of subsection (d) filed 1-26-2009; operative 1-26-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 5).