(a) The MVCPA may withhold funds from a grantee or
projects operated by the grantee when:
(1) determination is made that the grantee has failed
to:
(A) comply with applicable federal or state laws, rules,
regulations, policies, or the grant agreements on which the award
of the grant is predicated;
(B) submit required reports on time;
(C) provide a response to audit or monitoring findings
on time;
(D) return any unused grant funds remaining on the
expired grant within the required timeframe;
(E) use funds appropriately; or
(F) commence project operations within 45 days of the
project start date; or
(2) determination is made that the grantee has submitted
reports or records with deficiencies, irregularities, or are delinquent.
(b) The MVCPA may reduce or withhold grant funds when
MVCPA allocations are depleted or insufficient funds are allocated.
(c) The MVCPA will notify grantees of deficient conditions
for withholding funds and the period of time within which to cure
any deficiency.
(d) Grantees have 15 days after receiving deficient
notification to request an appeal.
(e) The MVCPA director or MVCPA board designee will
determine the outcome of the grant appeal.
(f) Funds will be released when the MVCPA director
or MVCPA board designee is provided with satisfactory evidence that
the deficient conditions are corrected.
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Source Note: The provisions of this §57.27 adopted to be effective January 21, 1993, 18 TexReg 159; transferred effective February 24, 1998, as published in the Texas Register March 6, 1998, 23 TexReg 2399; amended to be effective November 14, 1999, 24 TexReg 10146; amended to be effective December 10, 2007, 32 TexReg 9132; amended to be effective March 24, 2015, 40 TexReg 1713; amended to be effective March 1, 2020, 45 TexReg 1443 |