Section 5431 - Discretionary Grants(a) At the start of each fiscal year, the secretary shall establish the maximum amount of funds that shall be available during such fiscal year for discretionary technology transfer grants pursuant to Section 15379.10 of the Act. At any time, the secretary shall be authorized to award some or all of the funds set aside for discretionary grants to make grants to projects which pursue the regular application process in Article II.(b) Applications for discretionary grants (including those for Phase 0) shall be made in the same form as an application submitted pursuant to Section 5410, but shall be clearly identified by the applicant as an application for a discretionary grant. Such application shall be in the same number of copies, and shall to the maximum extent feasible, contain the same information as is required by Section 5410. The applicant shall clearly identify those elements of program eligibility that are not met by the application, and shall indicate why the applicant believes a grant from the program is nonetheless justified.(c) The agency staff shall process an application for a discretionary grant in the same manner as a regular application.(d) An application for a discretionary grant that would be determined ineligible pursuant to Section 5425(b)(2), nevertheless shall be forwarded to the secretary for review. The secretary shall be authorized to either:(1) return the application to the applicant as ineligible for funding, or(2) direct the agency staff to continue processing the application.(e) Nothing contained in these regulations shall prohibit the secretary from waiving any procedural requirement hereof and making a discretionary grant for a project, within the limits of Section 15379.10 of the Act, without regard to any requirement of Sections 15379.3, 15379.4 or 15379.5 of the Act.Cal. Code Regs. Tit. 10, § 5431
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. 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, 15379.3 and 15379.10, 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. Change without regulatory effect amending section filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).