Cal. Code Regs. Tit. 25, § 8216 - Reporting and Recordkeeping

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) Reporting Requirements

(1) Upon execution of the standard agreement required by Section 8214, and no later than 10 days following the last day of the month, recipients of project funds shall submit a monthly status report and, for projects currently under construction, a monthly labor compliance certification. The State Recipient, Developer or CHDO shall continue to submit the monthly status report until the final project completion report is accepted in the federal disbursement and information system. The monthly status report shall include the following:

(A) information to determine the progress of efforts to comply with environmental and labor standards requirements;

(B) information to determine the progress of efforts to obtain all necessary project financing;

(C) information to determine the progress of efforts to obtain required local government approvals for the project;

(D) information to determine whether there have been any changes in project site control;

(E) information to determine the timeline for completion of the project;

(F) current contact information for individuals or firms overseeing the development of the project.

(2) Upon execution of the standard agreement and, at a minimum, no later than 30 days after the end of each calendar quarter until the final project completion report is accepted in the federal disbursement and information system, State Recipients and CHDOs with HOME funds for program activities shall submit to the Department a performance report which shall include the following information:

(A) activities undertaken to implement the local program and to meet milestones contained in the standard agreement;

(B) anticipated activities in the next quarter to implement the local program and to meet milestones contained in the standard agreement;

(C) problems in implementing the program or complaints received during the reporting period and actions taken to resolve such problems and complaints;

(D) financial information related to expenditures of HOME funds and activity in the local account;

(E) any additional information which may be requested by the Department to ensure compliance with federal requirements.

(3) State Recipients, Developers, CHDOs, or other borrowers shall submit to the Department an annual performance report. The annual performance report shall cover the period from July 1 to June 30 and shall be submitted on July 1 of each year and not later than July 31 of each year pursuant to Section 8214(a)(4)(C). The report shall include information and documentation which is necessary to meet record keeping and reporting requirements pursuant to 24 CFR Section 92.508(b).

(b) Fiscal and Programmatic Requirements

(1) State Recipients, Developers and CHDOs shall maintain records as described in 24 CFR Sections 92.508(a)(2), (a)(3), (a)(5), and (a)(6). These records shall be retained for the periods of time specified in 24 CFR Section 92.508(c). State Recipients, Developers and CHDOs shall make all program records available to the Department for inspection and review and shall provide all program records to the Department upon request.

(2) At any time during the operation of the local HOME program, the Department may perform or cause to be performed a financial audit pursuant to 24 CFR Section 92.506 of any and all phases of program operations. At the Department's request, the State Recipient, Developer or CHDO or other borrower shall provide, at its own expense, a financial audit prepared by a certified public accountant.

Notes

Cal. Code Regs. Tit. 25, § 8216

Note: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code. Reference: 24 CFR Sections 92.250, 92. 352, 92.354, 92.504, 92.506 and 92.508; and Sections 50896 and 50896.1, Health and Safety Code.

1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and amendment of former section 8217 to section 8218 with amendment of Noteand renumbering of former section 8218 to section 8219 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Renumbering of former section 8216 to new section 8214, and renumbering of former section 8218 to new section 8216, including amendment of section heading, section and Noteand repealer of forms filed 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 11).
6. Amendment of subsection (a)(2) filed 1-22-2001; operative 1-22-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
7. Amendment filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 37).
8. New subsections (a)(1)-(a)(1)(F), subsection renumbering, amendment of newly designated subsections (a)(2), (a)(2)(A) and (a)(2)(D) and amendment ofNote filed 12-10-2007; operative 12-10-2007 pursuant to Government Code section 11343.4(Register 2007, No. 50).
9. Amendment of subsections (a)(1), (a)(2)(A), (a)(3) and (b) (1)-(2) filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).