Section 7016 - Recovery of Funds for Non-Performance and Unused Funds(a) If the Authority determines that the use of the Grant funds did not comply with the Children's Hospital Program of 2018 requirements and the terms of the Grant Agreement for an approved Project, the Authority may require remedies, including a return of all Grant funds.(b) In cases where Grant funds paid for a component of a project that does not specifically benefit pediatric patients, such as architect, design or engineering fees or land acquisition costs, and if the Authority determines that the Grantee did not complete a larger project as described in the timelines provided with the Application, the Authority may require remedies, including a return of all Grant funds.(c) If the Project, or any part thereof, funded with Grant funds ceases to be used by the Grantee(s) before the end of the useful life of the Project, the Authority is entitled to recover Grant funds in an amount that bears the same ratio to the value of the Project, or the appropriate part thereof, at the time it ceased to be used by the Grantee(s) as the amount of the Grant bore to the cost of the Project or the appropriate part thereof. (1) For purposes of this paragraph, the value of the Project, or the appropriate part thereof, is determined by mutual agreement of the Authority and the Grant recipient or through an action brought for that purpose in superior court.(d) If any portion of the Grant is forfeited to the Authority, the forfeited funds shall be deemed remaining funds for purposes of Section 7003 (a)(4) or 7003.1 (c) and (d).Cal. Code Regs. Tit. 4, § 7016
1. New section filed 4-12-2019 as an emergency; operative 4-12-2019 (Register 2019, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-7-2019 as an emergency; operative 10-10-2019 (Register 2019, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-8-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-8-2020 as an emergency; operative 1-9-2020 (Register 2020, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-8-2020 order transmitted to OAL 12-3-2019 and filed 1-16-2020 (Register 2020, No. 3). Note: Authority cited: Sections 1179.85, 1179.87 and 1179.91, Health and Safety Code. Reference: Sections 1179.85, 1179.87 and 1179.88, Health and Safety Code.
1. New section filed 4-12-2019 as an emergency; operative 4/12/2019 (Register 2019, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-7-2019 as an emergency; operative 10/10/2019 (Register 2019, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-8-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-8-2020 as an emergency; operative 1/9/2020 (Register 2020, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-8-2020 order transmitted to OAL 12-3-2019 and filed 1/16/2020 (Register 2020, No. 3).