Utah Admin. Code R990-100-22 - Suspension or Termination of Funds
(1) If monitoring reports or independent
audit reports show continuing, substantial non-compliance with contract
requirements, accounting procedures, or fiscal control requirements, HCDD may
request the eligible entity to submit and implement a Quality Improvement Plan
within 60 days of notice of deficiency. Action to suspend or terminate funding
will not be taken, however, unless timely and reasonable communication with the
eligible entity fails to produce corrective action to HCDD's satisfaction. The
eligible entity shall not be relieved of liability to the state for funds
expended for improper purpose or federal audit exceptions sustained by the
state by virtue of any breach of the contract by the agency, and the state may
withhold or recover any payments to the eligible entity until the exact amount
of damage due the state from the eligible entity is determined.
(2) Pursuant to the provisions of the
contract between the state and eligible entity, delegation of funds and
activities to others may not be made without prior approval of HCDD,
SCSO.
(3) If HCDD takes action to
suspend or terminate funding to an eligible entity, HCDD will issue a notice of
agency action detailing the reasoning for terminating or suspending funding,
including information concerning any Quality Improvement Plan and communication
concerning the failure to produce correction action.
(4) An entity that receives a notice of
agency action may request a hearing on the record, pursuant to
42 U.S.C.
9908(b)(8).
(a) The request for hearing must be in
writing, approved and signed by the entity's elected officials, and must set
forth the grounds for the request.
(b) The request for hearing must be filed
with Department of Workforce Services Division of Adjudication within 30
calendar days from the date of the notice of agency action.
(c) In computing the time allowed for filing
a request for hearing, the date as it appears in the notice of agency action is
not included. The last day of the request period is included in the computation
unless it is a Saturday, Sunday, or legal holiday when the offices of the
Department are closed. If the last day permitted for filing an request falls on
a Saturday, Sunday, or legal holiday, the time permitted for filing a appeal
will be extended to the next day when the Department offices are
open.
(d) The date of receipt of a
request is the date the request is actually received by the Department of
Workforce Services Division of Adjudication, as shown by the Department's date
stamp on the document or other credible evidence such as a written or
electronic notation of the date of receipt, and not the post mark date from the
post office. If the appeal is faxed to the Department of Workforce Services
Division of Adjudication, the date of receipt is the date recorded on the
fax.
(e) If an eligible entity does
not request a hearing within the 30-day limit, the notice of agency action will
be effective at the end of the 30 days.
(5) The hearing on the record will be
conducted in accordance with the procedures outlined in
R986-100-124 through
R986-100-133.
(6) If the eligible entity disagrees with the
Administrative Law Judge decision, the entity may appeal to the Department of
Workforce Services Executive Director or person designated by the Executive
Director. The appeal must be filed, in writing, within 30 days of the issuance
of the decision of the Administrative Law Judge.
(a) The decision by the Department of
Workforce Services Executive Director or person designated by the Executive
Director, constitutes the final agency decision.
(7) If the eligible entity disagrees with a
final agency decision to terminate funding, it may appeal to the Secretary of
the U.S. Department of Health and Human Services, as provided in
45 C.F.R.
96.92.
(a)
Pursuant to
45 C.F.R.
96.92, if an eligible entity has made a
request for review, SCSO may not discontinue current or future funding until
the U.S. Department of Health and Human Services confirms the final agency
decision.
(b) Pursuant to
45 C.F.R.
96.92, if an eligible entity does not make a
request for review within the 30-day limit, the final agency decision will be
effective at the end of the 30 days.
Notes
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