Section 5428 - Final Action on Applications(a) An application receiving a negative peer review pursuant to Section 5427 shall be forwarded by the agency staff to the secretary. The secretary either shall not fund the grant request, or shall return such application to agency staff for evaluation pursuant to Section 5425(d)(1).(b) The agency staff shall forward each application, together with all related material, to the secretary following completion of the peer review and staff review, pursuant to Section 5427 and Sections 5425(d)(1) and (2), respectively.(c) The secretary's decision to award a grant shall be based upon:(1) a finding that the project is eligible for funding:(3) the agency staff review of program goals.(d) Within one hundred and twenty (120) days after the agency's receipt of an application or, if the secretary has established funding cycles pursuant to Section 5424(b), after the deadline for submitting applications for any funding cycle, the agency shall notify the applicant that:(1) the application is incomplete pursuant to Section 5425(a) or is ineligible pursuant to Section 5425(b);(2) the secretary has approved or denied the grant request or approved a grant in a lesser dollar amount; or(3) the funding decision has been deferred by the secretary until the next funding cycle.(e) A determination that the application is incomplete or ineligible shall be accompanied by a written explanation and a description of what, if anything, can be done to remedy any deficiency. A denial of funding shall be accompanied by a written explanation of the reasons for such denial. Applicants for projects determined to be ineligible or which have been denied funding hereunder shall not be precluded from reapplying at any time for funding, nor shall they be precluded from requesting discretionary grants.(f) If, subsequent to approving grants, the secretary determines that insufficient funds exist to fully fund all approved grants, the secretary shall be authorized to reduce or eliminate funding from some or all previously approved grants. Applicants with reduced or eliminated funding shall be so notified by a letter from the secretary mailed to the applicant.(g) Following approval of a grant by the secretary pursuant to Section 5428 or Section 5431, the agency and the successful applicant shall enter into a grant agreement on terms mutually acceptable to all parties prior to funding of the grant.Cal. Code Regs. Tit. 10, § 5428
1. Repealer by operation of Government Code section 11346.1(g) and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For prior history, see Register 89, No. 2.
2. New subsection (f) and relettering filed 12-15-92 as an emergency; operative 12-15-92 (Register 92, No. 51). A Certificate of Compliance must be transmitted to OAL 4-14-93 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect amending section filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6). Note: Authority cited: Section 15379.9, Government Code. Reference: Sections 15333.5 and 15379.3, Government Code.
1. Repealer by operation of Government Code section 11346.1(g) and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For prior history, see Register 89, No. 2.
2. New subsection (f) and relettering filed 12-15-92 as an emergency; operative 12-15-92 (Register 92, No. 51). A Certificate of Compliance must be transmitted to OAL 4-14-93 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect amending section filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).