310 CMR, § 40.1462 - Honest Practices
(1) The award and
administration of grants shall be accomplished free from bribery, graft,
kickbacks and other corrupt or illegal practices. The grantee bears the primary
responsibility for the prevention, detection and cooperation in the prosecution
of any such conduct. State administrative or other legally available remedies
shall be pursued to the extent appropriate.
(2) The grantee shall take appropriate
actions with respect to any allegations or evidence of such illegality or
corrupt practices which are brought to its attention. The grantee shall advise
the Department immediately when such allegations or evidence comes to the
grantee's attention, and shall periodically report to the Department the status
and ultimate disposition of any such matter.
(3) The grantee shall notify the Department
of any material changes to the information provided in the Technical Assistance
Grant Application, established in
310
CMR 40.1456(4) and
310
CMR 40.1456(6), at any point
after the grant is awarded.
(4) The
Department may suspend or terminate grant payments or may revoke a grant at any
time if the Department becomes aware of any allegations, evidence or appearance
of illegality, corruption, or fraud associated with the award of the grant,
compliance or noncompliance with
310
CMR 40.1451 through 310 CMR 40.1462 or the
Grant Agreement between the Department and the grantee, or expenditure of funds
for the project. In the event that a grant is revoked, the grantee shall be
responsible for returning to the Commonwealth all grant funds.
(5) The Department may make a factual
determination at any time that a project is not being carried out in accordance
with 310 CMR 40.0000, M.G.L. c. 21E, or any other law or regulation. If the
Department makes such a determination, then the Department shall notify the
grantee of the withdrawal of all grant funds, and may demand the return of the
entire amount of the grant, or at the election of the Department, the unused
portion of the grant funds, which shall be due immediately, or within five days
of receipt of the notice by the grantee. Failure of the grantee to comply with
310 CMR 40.1462 shall subject the grantee to all civil, criminal and
administrative remedies of the Commonwealth, including interest in the amount
of 12% annum which shall accrue beginning on the fifth day
after notice was received by the grantee.
(6) If the Department makes a determination
that any of the grant funds are not used in accordance with the terms of the
grant or any of the provisions of this Contingency Plan, M.G.L. c. 21E, or any
other law or regulation, then the grantee shall be held liable to the
Commonwealth for the return of the entire amount of the grant, including
interest at a rate of 12% per annum from the date of such
determination.
(7) If the
Department has made a determination pursuant to 310 CMR 40.1462(4), and the
grantee has not returned the amount of the grant upon demand plus any accrued
interest, then at the Department's election, the demanded amount shall be
deducted, plus any accrued interest, from the local aid appropriation to be
made to any grantee that is a city, town, agency, or any district or other body
politic that owns or operates a public water supply system pursuant to M.G.L.
c. 58, § 20.
(8) The grantee
shall include the following provisions in all contracts with its contractors
which are funded, in full or in part, by a grant award:
(a) The contractor shall not accept
compensation, financial or otherwise, for his or her services pertaining to the
disposal site from any person having significant conflicting or adverse
interests to those of the grantee unless the circumstances are fully disclosed
to, and agreed to, by the grantee and all other persons engaging the contractor
with regard to the disposal site; and
(b) In the event that the contractor has,
develops or acquires any business association, direct or indirect financial
interest, or other circumstances which is substantial enough to create an
impression of influencing his or her judgement in connection with his or her
performance of services provided to the grantee, the contractor shall fully
disclose in writing to the grantee the nature of the business association,
financial interest or circumstance. If the grantee objects to such business
association, financial interest or circumstance, the contractor shall offer to
terminate, at his or her discretion, either the business association, financial
interest or circumstance, or his or her engagement with regard to the
grantee.
Notes
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