| (a) A participating county shall submit quarterly audit
reports to ensure that the funds provided to implement the Low Income
Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement
Program (LIRAP) have been used in accordance with requirements of
this division. The quarterly reports (September - November, December
- February, March - May, June - August) must be transmitted to the
executive director in paper copies or in an electronic database format
to be determined by mutual agreement between the state and the participating
county no later than 30 days after the end of the quarter.
(b) At a minimum, the quarterly reports must include
the following:
(1) name of the county department or entity implementing
the program and their mailing address;
(2) name of the official representative of the county
department or entity;
(3) amount of funds received during the reporting period;
(4) amount distributed for repair assistance, retrofitting,
accelerated retirement, and administrative costs;
(5) information regarding the recognized emissions
repair facilities and vehicle retirement facilities participating
in the LIRAP, including the number of approved assistance transactions,
the amount of each transaction, and the total amounts paid to each
facility;
(6) pending amount of funds that must be paid out;
(7) information for each vehicle participating in program,
including:
(A) vehicle identification number (VIN);
(B) vehicle license plate number;
(C) name and business address of the Texas Department
of Public Safety recognized emissions repair facility or vehicle retirement
facility; and
(D) date of vehicle repair, retrofit, or retirement;
(8) information for each replacement vehicle including:
(A) VIN;
(B) make of vehicle;
(C) model year;
(D) odometer reading;
(E) name and business address of seller; and
(9) any other information requested by the executive
director.
(c) Records on LIRAP must be maintained for a minimum
period of three years by a participating county, its designated entity,
a participating recognized emissions repair facility, and a participating
vehicle retirement facility. Upon the LIRAP opt out effective date
as defined in §114.7 of this title (relating to Low Income Vehicle
Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
Definitions), the non-participating county, its designated entity,
a participating recognized emissions repair facility, and a participating
vehicle retirement facility must maintain program records for the
non-participating county for a period of three years. Such records
must be available upon request by the executive director for auditing
purposes.
(d) A participating county, its designated entity,
a participating recognized emissions repair facility, and a participating
vehicle retirement facility shall allow the executive director to
conduct audits and inspections. For a period of three years after
the LIRAP opt-out effective date as defined in §114.7 of this
title, a non-participating county, its designated entity, a participating
recognized emissions repair facility, and a participating vehicle
retirement facility shall allow the executive director to conduct
audits and inspections of records from the non-participating county.
(e) A person who, with intent to defraud, sells a vehicle
in an accelerated vehicle retirement program under LIRAP commits an
offense that is classified as a third degree felony.
(f) A person who causes, suffers, allows, or permits
a violation of §114.66(c) and (d) of this title (relating to
Disposition of Retired Vehicle) is subject to a civil penalty under
Texas Water Code, Chapter 7, Subchapter D, for each violation. A separate
violation occurs with each fraudulent certification or prohibited
resale.
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| Source Note: The provisions of this §114.70 adopted to be effective April 18, 2002, 27 TexReg 3194; amended to be effective December 27, 2007, 32 TexReg 9711; amended to be effective May 21, 2015, 40 TexReg 2670 |
