| (4) Take appropriate action, including withholding
reimbursement, requiring repayment of the deficiency, or terminating
the Grant Contract if a deficiency exists between the actual amount
of Grant Award funds distributed and the Matching Funds expended and
it is the last year of the Grant Contract.
(i) Nothing herein shall preclude the Institute from
taking action other than described in subsection (h) of this section
based upon the specific reasons for the deficiency. To the extent
that other action not described herein is taken by the Institute,
such action shall be documented in writing and included in Grant Contract
records. The options described in subsection (h)(1) and (2) of this
section may be used by the Grant Recipient only one time for the particular
project. A second deficiency of any amount shall be considered an
event of default and the Institute may proceed with terminating the
Grant Award pursuant to the process established in the Grant Contract.
(j) The Grant Recipient shall maintain adequate documentation
supporting the source and use of the Matching Funds reported in the
certification required by subsection (a) of this section. The Institute
shall conduct an annual review of the documentation supporting the
source and use of Matching Funds reported in the required certification
for a risk-identified sample of Grant Recipients. Based upon the results
of the sample, the Institute may elect to expand the review of supporting
documentation to other Grant Recipients. Nothing herein restricts
the authority of the Institute to review supporting documentation
for one or more Grant Recipients or to conduct a review of Matching
Funds documentation more frequently.
(k) If a deadline set by this rule falls on a Saturday,
Sunday, or federal holiday as designated by the U.S. Office of Personnel
Management, the required filing may be submitted on the next business
day. The Institute will not consider a required filing delinquent
if the Grant Recipient complies with this subsection.
|
| Source Note: The provisions of this §703.11 adopted to be effective December 21, 2009, 34 TexReg 9213; amended to be effective March 2, 2014, 39 TexReg 1386; amended to be effective September 17, 2014, 39 TexReg 7342; amended to be effective December 10, 2014, 39 TexReg 9565; amended to be effective March 11, 2015, 40 TexReg 1092; amended to be effective June 10, 2015, 40 TexReg 3569; amended to be effective March 9, 2016, 41 TexReg 1694; amended to be effective December 7, 2016, 41 TexReg 9527; amended to be effective June 8, 2017, 42 TexReg 2937; amended to be effective September 13, 2018, 43 TexReg5807;amended to be effective December 18, 2018, 43 TexReg 8123; amended to be effective June 10, 2020, 45 TexReg 3773; amended to be effective December 8, 2022, 47 TexReg 8042 |
