La. Admin. Code tit. 70 § II-303

Current through Register Vol. 50, No. 11, November 20, 2024

Section II-303 - Additional Information to be Supplied by Applicants for Utility Relocation Assistance Funding (URAF)

A. A copy of the utility owner's most recently completed audit report must be provided to DOTD. If no audit has been performed, the utility owner should initiate one. The certification process may not begin until this report is submitted.

B. A copy of the utility owner's unaudited financial statements covering the period from the date of the last audited financial statements to the current date must be provided to DOTD.

C. A copy of the utility owner's budget, including any amendments, for the current fiscal year must be provided to DOTD.

D. A listing of encumbrances that are payable from the utility owner's current year earnings must be provided to DOTD. For the purpose of this certification, encumbrances are considered to be those items for which the utility owner has incurred an obligation to expend current year earnings, plus 10 percent of the current year's revenue as a reserve.

E. A signed representation letter prepared on the utility owner's letterhead must be provided to DOTD. It must state:

1. that the utility owner is familiar with the provisions of R.S. 48:831;

2. that the utility owner has not violated any of the provisions of R.S. 48:381 in the past;

3. if the utility owner has received URAF funding from DOTD in prior years, the utility owner must meet the following requirements:

a. it must state that it has received prior URAF funding;

b. it must state that it has:

i. not located facilities longitudinally in state highway right-of-way since last receipt of URAF funding if a balance is outstanding; or

ii. facilities have been placed longitudinally in highway right-of-way and URAF funds have been reimbursed to DOTD.

F. The utility owner is responsible for the presentation of the financial statements and other information provided and for insuring that the information is complete and accurate.

G. The financial information provided must be taken from verifiable records. The budget information must be based on estimates derived from the financial statements.

H. The utility owner must certify that it has no other unpaid obligations to the state of Louisiana.

I. If the utility owner fails to satisfactorily complete the certification process, the utility owner may request a second certification review after one year from date of the first certification report. The request for the second review must be made before the starting date of construction. The request for the second review should be addressed to the DOTD audit section. When in the best interest of DOTD, the time period between the first failure of certification and the second request for certification may be modified by DOTD.

La. Admin. Code tit. 70, § II-303

Promulgated by the Department of Transportation and Development, Office of Engineering, LR 23:210 (February 1997).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:381(C).