(a) Right of Access
(1) Agency. All books, documents, papers, computer
records, or other records prepared by Boards, workforce service providers,
AEL grant recipients, AEL service providers, or Agency grantees that
are pertinent to the use of any funds administered by the Agency are
Agency property. Boards, workforce service providers, AEL grant recipients,
AEL service providers, or Agency grantees in possession of such records
shall be responsible for their secure and proper maintenance. The
Agency or its authorized representatives have the right of timely
and unrestricted access to any such records in order to conduct monitoring,
audits, and examinations, and to make excerpts, transcripts, and photocopies
of such documents.
(2) Board, AEL grant recipient, or Agency grantee.
A Board or its authorized representatives, AEL grant recipient or
its authorized representative, and an Agency grantee or its executive
leadership, have the right of timely and unrestricted access to any
books, documents, papers, computer records, or other records of workforce
service providers or AEL service providers, that are pertinent to
the use of any funds administered by the Agency, in order to conduct
monitoring, audits, and examinations; and to make excerpts, transcripts,
and photocopies of such documents.
(b) The right of access also includes timely and unrestricted
access to Board, workforce service provider, AEL grant recipient,
AEL service provider, and Agency grantee personnel for the purpose
of interviews and discussions related to such documents.
(c) The right of access is not limited to any required
record retention period but shall last as long as the records are
retained.
(d) When a Board's or AEL grant recipient's relationship
with the workforce service provider or AEL service provider is terminated,
the Board's or AEL grant recipient's responsibility for maintenance
and retention of records as well as the Agency's right to access does
not end.
(e) Custody of Records.
(1) The Agency, Board, or AEL grant recipient may request
custody of records if one determines that:
(A) the records possess long-term retention value;
or
(B) the workforce service provider or AEL service provider
is unable or unwilling to physically retain them.
(2) The Agency may request custody of records from
an Agency grantee if the Agency determines that:
(A) the records possess long-term retention value;
or
(B) the Agency grantee is unable or unwilling to physically
retain them.
(f) To comply with single audit requirements:
(1) the workforce service provider or AEL service provider
shall retain the right of access to records in the custody of the
Agency or the Board; and
(2) the Agency grantee shall retain the right of access
to records in the custody of the Agency.
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