La. Admin. Code tit. 67 § VII-1739

Current through Register Vol. 50, No. 11, November 20, 2024
Section VII-1739 - Grant Closeout
A. Each grant shall be closed out as promptly as is feasible after termination. In closing out grants, the following shall be observed.
1. Upon request LRS shall promptly pay the grantee for any allowable reimbursable costs not covered by previous payments.
2. The grantee shall immediately refund any unobligated balance of cash advance to the grantee.
3. The grantee shall submit within 30 days of the date of termination, an financial, performance, and other reports required by the terms of the grant.
B. The closeout of a grant does not affect the retention period for, or LRS' rights of access to grant records. If a grant is closed out without audit, LRS retains the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. The closeout of a grant does not affect the grantee's responsibilities with respect to property under §1719, or with respect to any program income for which the grantee is still accountable under §1717
C. Violation of Terms. When a grantee has materially failed to comply with the terms of a grant, LRS may suspend the grant in whole or in part. The notice of suspension will state the reasons for the suspension, any corrective action required of the grantee, and the effective date. Suspensions shall remain in effect until the grantee has taken corrective action satisfactory to LRS or given evidence satisfactory to LRS that such corrective action will be taken or until LRS terminates the grant. New obligations incurred by the grantee during the suspension period will not be allowed unless LRS expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the grantee could not reasonably avoid during the suspension period will be allowed if they result from obligations properly incurred by the grantee before the effective date of the suspension and not in anticipation of suspension or termination.
D. Termination for Cause. LRS may terminate any grant in whole or in part, at any time before the date of expiration, whenever LRS determines that the grantee has materially failed to comply with the terms of the grant. LRS shall notify the grantee in writing of the determination and the reasons for the termination together with the effective date. (All notification for termination shall be given 30 days prior to the effective termination date.)
E. Termination on Other Grounds. Grants may also be terminated in whole or in part only as follows:
1. by LRS with the consent of the grantee, in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial terminations, the portion to be terminated; or
2. by the grantee, upon written notification to LRS, setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated.
F. Termination Settlements. When a grant is terminated, the grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. LRS will allow full credit to the grantee for the federal share of the noncancelable obligations properly incurred by the grantee prior to termination.

La. Admin. Code tit. 67, § VII-1739

Promulgated by the Department of Social Services, Office of Rehabilitation Services, LR 21:588 (June 1995).
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:664.6 and R.S. 36.477.