Section 3428 - Misrepresentation; Repayment; Intentional or Reckless Acts; Disqualification of Applications(a) An applicant that obtains grant or loan funds as a result of a material misrepresentation in the application or another submitted document shall repay to the Board the amount of grant or loan funds paid to the applicant.(b) Any grant or loan funds paid to the applicant to which applicant is not entitled must be repaid to the Board immediately upon knowledge or notice that such a payment has been made and, in any event, not later than thirty (30) days after a written request for repayment by the Board.(c) Moneys repaid to the Board pursuant to this section shall be deposited in the Petroleum Underground Storage Tank Financing Account established by section 25299.109 of the Health and Safety Code.(d) Notwithstanding any other provision of this article, costs that result from the gross negligence or the intentional or reckless acts of the applicant or an agent, servant, employee or representative of the applicant, are not eligible for grant or loan funds pursuant to this chapter.(e) The Board may disqualify an application and may bar the application and any other application submitted by the applicant from further participation in the RUST Program at any time if it is found that any application submitted or any other information submitted by the applicant contained a material error that was a result of misrepresentation, fraud, or other misconduct on the part of the applicant.(f) Remedies under this section are in addition to, and do not supersede, or limit, any other civil, administrative, or criminal remedies, including, but not limited to, those remedies set forth under sections 25299.112, 25299.113, and 25299.113.1 of the Health and Safety Code.Cal. Code Regs. Tit. 23, § 3428
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
3. Amendment of section heading and subsection (c) and new subsections (d)-(f) filed 3-6-2023; operative 7-1-2023 (Register 2023, No. 10). Note: Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.102, 25299.103, 25299.105, 25299.106 and 25299.109, Health and Safety Code.
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
3. Amendment of section heading and subsection (c) and new subsections (d)-(f) filed 3-6-2023; operative 7/1/2023 (Register 2023, No. 10).